appeal

InA

have been asked to delete

Googlewhacker

if he hasn't worked there for 51 weeks or more then he has no protection

DVardysShadow

I think he should raise a grievance that he was misled over the renewed appeal. And then consider taking it to employment tribunal.

Finally, he should report the matter to the HSE.

Sambucus_Nigra

a - how long was he working there?
b - are you saying that he asked for a different date, they said he could appeal in writing but they changed the date as requested and he did not attend?
c - is this an actual construction company? Or was he working for another non-construction company...it's just very very rare for construction companies not to have hard hats....so if it was another company then did they do any H&S training at all? Any inductions?

InA

have been asked to delete

Sambucus_Nigra

Has he ever had any H&S training, was a risk assessment done on this site, was he ever issued with PPE?

I'd call HSE now to be honest and get their take on the matter. Also, ACAS for the disciplinary procedure.

DVardysShadow

InA wrote: »

dvardyshadow, should we contact HSE before going to tribunal or will that effect the tribunal? or are we supposed to keep things confdential until after the tribunal?

It won't affect the tribunal directly. I suppose it could backfire if the employer gets a report from HSE which puts them in the clear - but I doubt that would happen. Really he should have reported it immediately. Now, I think the time to do it is after all processes with the employer have been exhausted or after reinstatement.

It is disgraceful make someone work near a building where there is danger of collapse - particularly if it is evidenced by falling masonry.

cletus1

His length of service would be irrelevant as he was refusing to work on the grounds of safety he is therefore protected under the 1974 health and safety at work act from detriment

As the previous posters have said you should lodge a grievance about the way the employer has dealt with the appeal and ask them for a new date, take a look at your employers discipline policy and what it says regarding non-attendance at such meetings
You should also lodge an ET1 (tribunal application) you can do this on line you should claim unfair dismissal, the employers refusal to hold an appeal meeting and that this was a result of him refusing to work on the grounds of health and safety

you only have three months form the date of dismissal to do this !

Uncertain

Googlewhacker wrote: »

if he hasn't worked there for 51 weeks or more then he has no protection

He has under these circumstances!

hartcjhart

InA wrote: »

my son was dismissed from his job because he refused to work near a building that was near collapse. a brick nearly hit his head, no hard hat, nothing.

he was dismissed for insubordinence which he appealed. but he was due in hospitl for an operation on the same day as his appeal. he spoke to manager to let him know aand asked if he could move it to the week before his op. the manager said he wasn't available then, so it was agreed to let my son send his appeal in writing.

he got a letter confirming the new date and thought nothing more about it because it was already agreed that he would send his appeal in by then. there seemed to be nothing fishy about this.

but when he got a letter for the appeal decision, it said that he didn't turn up at the hearing, so the dismissal was not overturned! now, we've still got the recorded delivery slip and a copy of the letter.

we went to the CAB to see what we could do about an unfair dismissal claim, but the lady told us it wasn't likely because he didn't go to the appeal.

is this right? can they lie like this and get away with it scot free? does sending an appeal in writing not count?

we are worried sick. thanks in advance.

when you say that do you mean that your son gave the boss a load of verbal abuse while refusing to work?

His boss is responsible to ensure the safety of the workforce(duty of care)and to carry out risk assesments before any work is started,these should be in writing and shown to all employees working on that site,and any PPE needed issued to them

he clearly has not done this so a call to the HSE should be made

and has been mentioned you should contact ACAS as soon as poss

cletus1

use the items below as a template ofr your ET application cut n paste after you have edited it in to section 5.1 on the grounds for claim




1 I was employed by Bloggs construction, the respondent; since 22 March 2009

2. The respondent dismissed me for gross misconduct on the 18th December 2010 EDT

3. On the 10th December 2010 I advised the respondent that I was not willing to carry out their instructions to work on the grounds of health and safety as I believed to do so would place me in imminent danger.

4. The respondent invited me to attend a disciplinary hearing I was charged with gross misconduct in that I was insubordinate to a manger

5. The respondent did not advise me of my representation rights

6. The respondent had not provided me with any personal protective equipment.

7. The respondent had failed to carry out suitable and sufficient assessment of risks which I was being exposed to.

8. The respondent had failed to give me proper training to minimise and control risks that I was likely to be exposed to

9. Following the dismissal the respondent had failed to hold an appeal meeting.

10. On the 22nd December 2010 I submitted a grievance to the respondent for their failure to hold an appeal meeting