Employment Tribunal Help

steampowered

I see where you are coming from and why you raised the insurance issue.

But I think you need to take your case back to basics. You need to look at the legislation which the Tribunal will use to decide your case.

It sounds like the nature of your claim is unfair dismissal.

It also sounds like you do not have 2 years' service. This means that you would have to prove that your reason for your dismissal falls within one of the categories of 'automatic unfair dismissal' which are set out in s91A to 107 of the Employment Rights Act 1996 (see https://www.legislation.gov.uk/ukpga/1996/18/contents).

You need to identify which of those sections you are relying on. It sounds like the most appropriate for your case is s101 - Health and Safety Cases (https://www.legislation.gov.uk/ukpga/1996/18/section/100).

It sounds like you are relying on sub-section (c) which says: An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that— being an employee at a place where—
(i)there was no such representative or safety committee, or
(ii)there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means,he brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety.

It seems to me that the key to your case is proving the reason for dismissal - i.e. proving that the main reason for your dismissal was raising circumstances which you reasonably believed were potentially harmful to health and safety.

The focus of that piece of law is on the reason why the employer dismissed you. So that is what you need to focus on when making your case.

That piece of law is not really focussed on whether the employer had the correct procedures and training in place. Even if you could prove that the employer was not complying with H+S legislation, that could be a separate issue to your dismissal - it does not necessarily follow that you were dismissed due to raising a H+S concern.