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Unfair Dismissal Tribunal Claim
Summary
Employees can refuse work if it poses serious health risks. Filing an unfair dismissal claim is possible even with less than 2 years of service. Gather evidence like emails or reports to support your case. If facing a deposit order, weigh the risks and benefits. Seek free legal advice from Citizens Advice, trade unions, or pro bono services like LawWorks and Bar Pro Bono Unit.Full Conversation
i was dismissed for a refusing to work as the believe the emergency plan is not sufficient enough the emergency plan is to call *, do however have a stand by man and a first aider on site.
Hi Jamie! Sorry to hear about your situation. To better understand your case, could you let me know if you raised your concerns about the emergency plan with your employer before refusing to work?
yes on many different accession reported this to my team leader
Thanks for sharing that, Jamie. Considering your dismissal, it's important to understand your rights.
Here are a few points regarding unfair dismissal in your situation:
- Employees have the right to refuse work if they believe it poses a serious and imminent danger to their health and safety.
- Employers must take reasonable steps to ensure the health and safety of their employees.
Have you considered filing a claim for unfair dismissal with an Employment Tribunal?
Here are a few points regarding unfair dismissal in your situation:
- Employees have the right to refuse work if they believe it poses a serious and imminent danger to their health and safety.
- Employers must take reasonable steps to ensure the health and safety of their employees.
Have you considered filing a claim for unfair dismissal with an Employment Tribunal?
i have filled a claim to the employment tribunal for automatic unfair dismissal as i have been there less then 2 years
Case Rating: *
It's great that you've already filed a claim with the Employment Tribunal. As you mentioned, automatic unfair dismissal can apply if employees are dismissed for refusing work due to health and safety concerns, even with less than 2 years of service.
To strengthen your case, consider:
- Gathering any written evidence (emails, reports) of your concerns raised with your team leader.
- Documenting any responses or actions taken by your employer in regard to these concerns.
Have you received any communication from your employer or the tribunal since you filed your claim?
It's great that you've already filed a claim with the Employment Tribunal. As you mentioned, automatic unfair dismissal can apply if employees are dismissed for refusing work due to health and safety concerns, even with less than 2 years of service.
To strengthen your case, consider:
- Gathering any written evidence (emails, reports) of your concerns raised with your team leader.
- Documenting any responses or actions taken by your employer in regard to these concerns.
Have you received any communication from your employer or the tribunal since you filed your claim?
yes the employers solicitors is saying i don't have a case
Case Rating: *
Hi Jamie! Thanks for the information. It's not uncommon for employers' solicitors to say you don't have a case. The important thing is the tribunal will make the final decision. Have you received any response from the Employment Tribunal regarding the next steps or hearing date?
Hi Jamie! Thanks for the information. It's not uncommon for employers' solicitors to say you don't have a case. The important thing is the tribunal will make the final decision. Have you received any response from the Employment Tribunal regarding the next steps or hearing date?
yes i have had two primarily hearings and a deposit order against me if i want to carry on with the claim
Case Rating: *
Since you've already had two preliminary hearings and a deposit order against you, it seems like your case is moving forward. To understand better and provide more specific guidance, could you clarify what the deposit order is for and whether it affects your ability to continue with the claim?
Since you've already had two preliminary hearings and a deposit order against you, it seems like your case is moving forward. To understand better and provide more specific guidance, could you clarify what the deposit order is for and whether it affects your ability to continue with the claim?
deposit order is for me to carry on with the allegations made against my employer. if I lose the case, I may have to pay the employer solicitors the full cost
Case Rating: *
Hi Jamie! Thanks for all the details. A deposit order can indeed add pressure, but it's crucial to weigh the evidence and the strength of your case. A few questions to consider:
- Do you have any written documentation or witnesses supporting your concerns raised about the emergency plan?
- Have you consulted with a legal advisor or solicitor about the potential risks and benefits of continuing with your claim?
This will help in assessing the robustness of your case before proceeding further.
Hi Jamie! Thanks for all the details. A deposit order can indeed add pressure, but it's crucial to weigh the evidence and the strength of your case. A few questions to consider:
- Do you have any written documentation or witnesses supporting your concerns raised about the emergency plan?
- Have you consulted with a legal advisor or solicitor about the potential risks and benefits of continuing with your claim?
This will help in assessing the robustness of your case before proceeding further.
finding a legal advisor to help is hard as i have limited funds and everyone wants money to help. i have no written documentation but have evidence that the health and safety were not being followed i.e the gas reading was not taken
Case Rating: *
Jamie, it sounds like you're in a tough spot. Here are a few options to consider:
- Citizens Advice: They offer free advice and can sometimes provide legal assistance.
- Trade Union: If you're a member, they might provide legal support.
- Pro Bono Services: Some solicitors offer free initial consultations or reduced fees.
Would you like more information on any of these options?
Jamie, it sounds like you're in a tough spot. Here are a few options to consider:
- Citizens Advice: They offer free advice and can sometimes provide legal assistance.
- Trade Union: If you're a member, they might provide legal support.
- Pro Bono Services: Some solicitors offer free initial consultations or reduced fees.
Would you like more information on any of these options?
more informtaion on pro bono services
Case Rating: *
Hi Jamie! Here are some options for pro bono services in England:
- LawWorks: Connects individuals with pro bono solicitors. Website: [LawWorks](https://www.lawworks.org.uk/)
- Bar Pro Bono Unit: Offers free legal help from volunteer barristers. Website: [Bar Pro Bono Unit](https://www.weareadvocate.org.uk/)
Would you like guidance on how to approach these services?
Hi Jamie! Here are some options for pro bono services in England:
- LawWorks: Connects individuals with pro bono solicitors. Website: [LawWorks](https://www.lawworks.org.uk/)
- Bar Pro Bono Unit: Offers free legal help from volunteer barristers. Website: [Bar Pro Bono Unit](https://www.weareadvocate.org.uk/)
Would you like guidance on how to approach these services?
yes please
Case Rating: *
Hi Jamie! To approach pro bono services, follow these steps:
- LawWorks:
- Visit their website and check eligibility criteria.
- Complete their application form with details of your case.
- Await contact from a pro bono lawyer if matched.
- Bar Pro Bono Unit (Advocate):
- Visit their website to understand the process.
- Fill out their application form, which may require a referral from a solicitor or advice agency.
- Submit any supporting documents or evidence with your application.
Would you need any assistance in completing these forms or understanding the process?
Hi Jamie! To approach pro bono services, follow these steps:
- LawWorks:
- Visit their website and check eligibility criteria.
- Complete their application form with details of your case.
- Await contact from a pro bono lawyer if matched.
- Bar Pro Bono Unit (Advocate):
- Visit their website to understand the process.
- Fill out their application form, which may require a referral from a solicitor or advice agency.
- Submit any supporting documents or evidence with your application.
Would you need any assistance in completing these forms or understanding the process?
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