Partner sacked, help please!

Callisto

My partner has been sacked today for refusing to carry out duties (that were unsafe - mainly transporting air compressors, they expected him to move compressors by hand around factories by himself and when transporting a compressor, one of the tyres blew out on the motorway almost causing an accident. There were cracks in the walls of the tyres and the brakes were faulty on another compressor he had to move recently).

He worked for the company for 3 months and they told him to leave today, no leave period was mentioned. I know employee rights under 12 months are less, but I thought there had to be a leave period unless he was dismissed for gross misconduct, and also should they have gone through the grievance procedure with him? Does he have the right to appeal the dismissal? Another employee had already refused to move these compressors and he still has his job although he has been with the company for several years! Hiring out the compressors is also just a sideline for this company and they had mentioned that they are selling the compressor business! My partner's main argument is that he will not move by hand or tow the compressors as they are unsafe. Surely he cannot be sacked for this reason?

Thanks for any advice you can offer...

homer_j_3

was he in a probation period? If so, they can get rid for any reason they feel like.

zincoxide

This is probably a bit of a grey area for the employer - they have dismissed someone for a health & safety issue, not sure they can excuse that even if he has been employed for less than 12 months.

I'd give the HSE line a call on 0845 345 0055 and maybe get in touch with your local CAB.

ohreally

First call to HSE...http://www.hse.gov.uk/contact/index.htm

Then see a lawyer as the dismissal was almost certainly unfair, most likely under s100 of the employment rights act amd sec 2 (2) of the health and safety at work act.The employer is almost certainly in breach of the management of health and safety at work regs as well.There is no qualifying period if he was dismissed for a statutory unfair dismissal reason,therefore take advice from an employment lawyer or CAB regarding making a complaint to an employment tribunal.

ohreally

homer_j wrote: »

was he in a probation period? If so, they can get rid for any reason they feel like.

....and then suffer the consequences of their action.


The following may be automatically unfair dismissal reasons with redress to an ET irrespective of length of service.

However, in the following types of case employees may make a complaint regardless of their length of service or age:

• dismissal for trade union membership or activities or for non-membership of a trade union;
• dismissal on maternity related grounds;
• dismissal related to paternity leave;
• dismissal related to adoption leave;
• dismissal related to the right to request flexible working arrangements;
• dismissal for having sought, in good faith, to exercise a statutory employment protection right;
• dismissal for taking, or proposing to take certain specified types of action on health and safety grounds;
• dismissal of a shop worker or betting worker, subject to certain conditions, for refusing, or proposing to refuse to work on Sundays; or for giving, or proposing to give, an "opting-out" notice to his or her employer;
• dismissal for performing, or proposing to perform, any duties relevant to an employee's role as an employee occupational pension scheme trustee;
• dismissal for qualifying for the national minimum wage or seeking to enforce a right to it (or because the employer was prosecuted as the result of enforcement action taken by the employee);
• dismissal for exercising rights under the Working Time Regulations 1998;
• dismissal for making a protected disclosure within the meaning of the Public Interest Disclosure Act 1998;
• dismissal for performing, or proposing to perform, any duties relating to an employee's role as an employee representative or as a candidate to be a representative of this kind or for participating in the election of such a representative;
• dismissal for taking or seeking to take parental leave;
• dismissal for taking or seeking to take time off for dependants;
• dismissal for reasons relating to the Tax Credits Act 2002;
• dismissal on grounds related to trade union recognition procedures;
• dismissal for exercising or seeking to exercise the right to be accompanied at a disciplinary or grievance hearing, or to accompany a fellow worker;
• dismissal for reasons relating to the Transnational Information and Consultation of Employees Regulations 1999;
• dismissal on grounds related to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000;
• dismissal for taking lawfully organised official industrial action lasting eight weeks or less (or more than eight weeks, in certain circumstances), where the action started on or after 24 April 2000;
• dismissal on grounds related to the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002;
• dismissal for reasons relating to the European Public Limited-Liability Company Regulations 2004;
• dismissal for reasons relating to the Information and Consultation of Employees Regulations 2004 for undertakings with 150 employees (from 6 April 2007 for undertakings with 100 employees and from 6 April 2008 for undertakings with 50 employees);
• dismissal on grounds relating to jury service.