Dismissal & grievance

Disco88

Hello. 

Is this worth going ahead with. I’ve been employed for 1 month. I’ve not been supplied with PPE and been turned away from sites because I haven’t got any ppe what fits Correctly. I’ve been asked since I started. 

There’s been a fair bit of bullying & wages discrepancy as I’ve not been paid the same as others ( same job, length of service and trainee). 

I’ve put a grievance in and the next day they sent me my dismissal letter saying due to health & safety reasons and PPE. 

They have phoned me to see if u still want the grievance going ahead as I’ve had my contract terminated. Any advice would be great, I’ve been Googling and think I have a case but just wanting any MSE views on this. 

Thanks 

JReacher1

You’ve been there only one month and it doesn’t sound like you were discriminated against for any protected characteristic so think it’s a waste of your time. 

Savvy_Sue

During the first two years, they can get rid of you for any non-discriminatory reason, or no reason at all as long as it's non-discriminatory. 

My only question would be, why did the PPE not fit you correctly? What PPE was it? If, for example, it's because you're a woman and everyone else is a man and they just haven't got their heads round the fact that you may need different shaped kit, that's a faint bit of hope. But I've heard of women police officers not being issued with properly fitting stab vests for considerable periods of time. 

If you're in a union, speak to them. 

But best bet is probably move on. You could proceed with the grievance, but in the unlikely event that they reinstated you, life wouldn't magically be any better. And I'd ask what reference they'll give you - if their policy is start and leave dates only, that's better than "Disco raised a grievance within their first month of working for us and was dismissed for breaches of H&S guidelines". 

Andy_L

There’s been a fair bit of bullying & wages discrepancy as I’ve not been paid the same as others ( same job, length of service and trainee). 

Not illegal to pay people differing rates unless the difference is due to a protected characteristic (race, sex etc)

There’s been a fair bit of bullying & wages discrepancy as I’ve not been paid the same as others ( same job, length of service and trainee). 

I’ve put a grievance in and the next day they sent me my dismissal letter saying due to health & safety reasons and PPE. 

They have phoned me to see if u still want the grievance going ahead as I’ve had my contract terminated. Any advice would be great, I’ve been Googling and think I have a case but just wanting any MSE views on this. 

Thanks 

What do you hope to achieve with your grievance? A reversal of your dismissal?

"The relevant regulations are the Personal Protective Equipment at Work Regulations 1992.

Regulation 4 states:
Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective."

https://www.hse.gov.uk/contact/faqs/ppe.htm

There's a grey area if you aren't an employee, eg you're a self-employed contractor

Disco88

Thank you for the replies. 

The pay question was we both did the same amount of hours and training hours but I didn’t get paid the same. 

My ppe is overalls goggles gloves boots 
I was only given gloves and goggles 
I had overalls from a different company who we trained with they didn’t fit or zip & was expecting to get Ppe from my contracted place of work. Sites turned me away wearing training overalls because they wasn’t protecting because they didn’t zip up. 

Dakta

Regardless of what others were paid, were you paid what you agreed with the employer to be paid?

because the term is so short I'd be tempted to chalk most of it up to experience and just be grateful to be out early.

Ath_Wat

You say you were dismissed "due to health & safety reasons and PPE. "

What does this mean?  They surely didn't dismiss you on the grounds that they had failed to provide you with PPE.  So was it because you turned up to sites wearing the wrong stuff (which presumably they had told you to, if they were supposed to issue it and hadn't), or was it that they said you should have provided your own, and didn't?

Andy_L

Disco88 said:

Thank you for the replies. 

The pay question was we both did the same amount of hours and training hours but I didn’t get paid the same. 

My ppe is overalls goggles gloves boots 
I was only given gloves and goggles 
I had overalls from a different company who we trained with they didn’t fit or zip & was expecting to get Ppe from my contracted place of work. Sites turned me away wearing training overalls because they wasn’t protecting because they didn’t zip up. 

This suggests that you employment status is murky

Are you actually an employee or are you a self employed contractor working via an agency?

Disco88

Yes that’s what I’m thinking but dint know until I go to arranged grievance meeting as it only says dismissal ti health & safety and PPE, which they’ve never supplied me with. 

@Daktra. No nothing was agreed only what we was supposed to be paid & I wasn’t but others were. 

@ Andy _L I was employed by them not by an agency 
All this just seems like it isn’t right but I’m thinking is there anything I’m missing as all advice says I’ve been unfairly treated. 

Ath_Wat

Disco88 said:

I’ve put a grievance in and the next day they sent me my dismissal letter saying due to health & safety reasons and PPE. 

I have to say that this should not really have been an unexpected consequence.  Whatever anyone tells you about putting in grievances and how you have every right to, it should be a last resort and you should really think through what you are trying to achieve before raising them, because you can rest absolutely assured that it is going to annoy the people you work for.

Disco88

I no longer work for them. I hope it does annoy them I’m raising the points so the other directors and managers know exactly how he’s been, and maybe show others who still work for him that it’s not on 
thank you for everyone’s comments