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Workplace Safety Tribunal Guidance
Summary
In the UK, employers must ensure workplace safety under the Health and Safety at Work Act 1974. If you refused to work due to unsafe conditions, you might have a case for unfair dismissal under Section 100 of the Employment Rights Act 1996. To strengthen your claim, provide specific details about the confined space, potential hazards, and inadequacy of the emergency plan. Highlight the lack of training for emergency responders. Your refusal to work should be based on genuine health and safety concerns. Present your reasons clearly at the tribunal, emphasizing the serious and imminent danger perceived, and explain how this led to your suspension and disciplinary proceedings.Full Conversation
this is reagrding a work place health and saftey
Thanks for clarifying. Could you please provide more details about the specific health and safety issue at your workplace? For example, what exactly happened on 1st February *?
i refused to enter a confined space which as an open top (open vessel) this only as one door on the risk assessment it says a gas reading must be done b efore enter this is not done. i refused to work as the emergency plan is to call *. there is a standby man at the door talking to us and making sure things are ok and also first aider on site. however there none off these people have been trained in confined spaces rescue so this would be relied upon when the * call. i feel the emegency plan is not a sufiecnt enouth for the work being done
It sounds like you have valid concerns about the safety measures at your workplace. In the UK, employers have a legal obligation to ensure a safe working environment under the Health and Safety at Work Act *.
Key points include:
- Employers must conduct proper risk assessments.
- Emergency plans should be adequate and practiced.
- Employees have the right to refuse unsafe work.
Would you like further guidance on how to proceed with your concern?
Key points include:
- Employers must conduct proper risk assessments.
- Emergency plans should be adequate and practiced.
- Employees have the right to refuse unsafe work.
Would you like further guidance on how to proceed with your concern?
is this more then enough to prove automatically unfair dismissel under section * of the ERA
Case Rating: *
You have a strong case for automatically unfair dismissal under Section * of the Employment Rights Act * if you were dismissed for refusing to work in unsafe conditions. Key points to consider:
- You reasonably believed there was serious and imminent danger.
- You refused to work based on genuine health and safety concerns.
Would you like further guidance on how to proceed with your concern?
You have a strong case for automatically unfair dismissal under Section * of the Employment Rights Act * if you were dismissed for refusing to work in unsafe conditions. Key points to consider:
- You reasonably believed there was serious and imminent danger.
- You refused to work based on genuine health and safety concerns.
Would you like further guidance on how to proceed with your concern?
i was told at employment tribunal. !. The Claimant was given the opportunity to provide additional information
about his claim, specifically by ****. does the statment i said cover this?
Case Rating: *
Your statement provides good context, but you may need to add more specific details to strengthen your claim:
- Describe the exact nature of the confined space and the risks involved.
- Explain why the emergency plan was insufficient.
- Highlight the lack of proper training for emergency responders.
Would you like further assistance on how to refine your statement?
Your statement provides good context, but you may need to add more specific details to strengthen your claim:
- Describe the exact nature of the confined space and the risks involved.
- Explain why the emergency plan was insufficient.
- Highlight the lack of proper training for emergency responders.
Would you like further assistance on how to refine your statement?
yes please
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Would you like to be connected to local lawyers who can better assist you with your case?
no i have contacted them and i cant simple afford this
Case Rating: *
Understood. Here are some steps you can take to refine your statement for the Employment Tribunal:
- Specify the confined space's dimensions and the potential hazards you identified.
- Detail why the absence of a gas reading and lack of trained responders posed a serious risk.
- Emphasize the inadequacy of the emergency plan and its reliance on untrained personnel.
Would you like advice on presenting this information at the tribunal?
Understood. Here are some steps you can take to refine your statement for the Employment Tribunal:
- Specify the confined space's dimensions and the potential hazards you identified.
- Detail why the absence of a gas reading and lack of trained responders posed a serious risk.
- Emphasize the inadequacy of the emergency plan and its reliance on untrained personnel.
Would you like advice on presenting this information at the tribunal?
can you help me draft this up
Case Rating: *
Sure, here’s a draft for your statement to the Employment Tribunal:
---
Statement of Serious and Imminent Danger on 1st February *
Details of the Confined Space:
- The confined space in question is an open vessel with only one entry door.
- According to the risk assessment, a gas reading must be conducted before entry. This was not done on the day in question.
Potential Hazards Identified:
- The lack of a gas reading posed a significant risk of toxic gas exposure.
- The confined nature of the space and the single entry point heightened the danger in case of an emergency.
Inadequacy of the Emergency Plan:
- The emergency plan relied solely on calling *, which I believe is insufficient for the risk involved.
- Although there was a standby man and a first aider on site, neither had been trained in confined space rescue.
Concerns About Lack of Training:
- The personnel responsible for ensuring safety were not adequately trained in confined space rescue operations.
- This reliance on untrained personnel could delay effective response in an emergency, increasing the risk to my safety.
Conclusion:
- Based on the above points, I had a reasonable belief that entering the confined space posed a serious and imminent danger to my health and safety.
- My refusal to work under these conditions was based on genuine health and safety concerns.
---
Would you like advice on presenting this information at the tribunal?
Sure, here’s a draft for your statement to the Employment Tribunal:
---
Statement of Serious and Imminent Danger on 1st February *
Details of the Confined Space:
- The confined space in question is an open vessel with only one entry door.
- According to the risk assessment, a gas reading must be conducted before entry. This was not done on the day in question.
Potential Hazards Identified:
- The lack of a gas reading posed a significant risk of toxic gas exposure.
- The confined nature of the space and the single entry point heightened the danger in case of an emergency.
Inadequacy of the Emergency Plan:
- The emergency plan relied solely on calling *, which I believe is insufficient for the risk involved.
- Although there was a standby man and a first aider on site, neither had been trained in confined space rescue.
Concerns About Lack of Training:
- The personnel responsible for ensuring safety were not adequately trained in confined space rescue operations.
- This reliance on untrained personnel could delay effective response in an emergency, increasing the risk to my safety.
Conclusion:
- Based on the above points, I had a reasonable belief that entering the confined space posed a serious and imminent danger to my health and safety.
- My refusal to work under these conditions was based on genuine health and safety concerns.
---
Would you like advice on presenting this information at the tribunal?
can you explain this in details please... That he says is why he refused to carry out the task allocated to
him. However, there can be little if any doubt that the immediate
trigger both for his suspension and for the subsequent disciplinary
proceedings was his refusal to comply with this instruction
Case Rating: *
The statement you provided revolves around your refusal to carry out a task due to serious and imminent danger, which led to your suspension and subsequent disciplinary proceedings. Here’s a detailed breakdown:
- Refusal to Carry Out Task: You refused to enter a confined space due to the lack of a gas reading and inadequate emergency plan.
- Trigger for Suspension: Your refusal to comply with the task was the immediate cause for your suspension.
- Disciplinary Proceedings: The proceedings were initiated because you did not follow the instruction to enter the confined space.
Would you like further guidance on how to present this at the tribunal?
The statement you provided revolves around your refusal to carry out a task due to serious and imminent danger, which led to your suspension and subsequent disciplinary proceedings. Here’s a detailed breakdown:
- Refusal to Carry Out Task: You refused to enter a confined space due to the lack of a gas reading and inadequate emergency plan.
- Trigger for Suspension: Your refusal to comply with the task was the immediate cause for your suspension.
- Disciplinary Proceedings: The proceedings were initiated because you did not follow the instruction to enter the confined space.
Would you like further guidance on how to present this at the tribunal?
yes please
Case Rating: *
To present your reasons clearly at the tribunal, you should:
- Emphasize the serious and imminent danger you perceived.
- Detail your refusal based on the lack of safety measures.
- Explain how this refusal triggered your suspension and disciplinary proceedings.
Would you like assistance in structuring this explanation for the tribunal?
To present your reasons clearly at the tribunal, you should:
- Emphasize the serious and imminent danger you perceived.
- Detail your refusal based on the lack of safety measures.
- Explain how this refusal triggered your suspension and disciplinary proceedings.
Would you like assistance in structuring this explanation for the tribunal?
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