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Tribunal WatchHealth and safetyUnfair dismissalRelationships at workWhistleblowing

Tribunal watch: Fairness of dismissals of employees who put themselves in danger

by Stephen Simpson 2 Jun 2014
by Stephen Simpson 2 Jun 2014

Can an employer dismiss an employee who puts her- or himself, but no one else, in danger? That was the issue in two employment tribunal decisions about health and safety procedures. We also round up other tribunal decisions that made the headlines last week.

XpertHR FAQs

Is it unlawful for an employer to dismiss an employee for incompetence?

Can an employee who is absent from work because of an injury that occurred at work be dismissed?

Can an employee absent due to an injury sustained during participation in a dangerous sporting activity be dismissed earlier than normal?

Employee who leapt from crashing truck was fairly dismissed In Dlugos v Booker Ltd, the claimant argued that he was unfairly dismissed for taking appropriate steps to protect himself from serious and imminent danger.

Summary dismissal for single safety breach was fair In Farah v Mitie Transport Services Ltd, an employee’s summary for a single, serious breach of health and safety was held to be fair and non-discriminatory.

Other tribunal decisions in the headlines

PA sacked by her boss after wife found out about their affair awarded £35,000 A personal assistant sacked from her job at a successful property company by her boss after his wife found out about their affair has been awarded nearly £35,000, according to the Daily Telegraph.

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Devon health boss Dr Paula Vasco-Knight resigns A suspended hospital chief executive who was criticised at an employment tribunal for her treatment of two whistleblowers has resigned, reports the BBC.

GP whistleblowers should be protected from “reprisals” A tribunal has cleared NHS managers of failing to protect a whistleblowing GP, but said a similar case could be upheld in the future, giving greater protection for GPs who blow the whistle on their colleagues, says Pulse Today.

Stephen Simpson

Stephen Simpson is Principal HR Strategy and Practice Editor at Brightmine. His areas of responsibility include the policies and documents and law reports. After obtaining a law degree and training to be a solicitor, he moved into publishing, initially with Butterworths. He joined Brightmine in its early days in 2001.

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Shared parental leave: a labour of love?
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Ethics and the vaccination of workers

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