Tag

#risk-assessment

10 cases tagged Risk Assessment.

Respondent won · Dec 2023

Before and after school club leader loses Covid-19 safety dismissal claim

A before and after school club leader who refused to attend work during the pandemic claiming serious and imminent danger has lost her unfair dismissal claim. The tribunal found her belief was not reasonable given the school's risk assessments.

covid-19health-and-safetysection-44
Respondent won · Dec 2023

Agency mental health worker's whistleblowing claim dismissed: safety concerns not a protected disclosure

An Approved Mental Health Professional who withdrew from work citing serious danger lost his whistleblowing and health and safety detriment claims. The tribunal found his concerns did not amount to a protected disclosure or a reasonable belief of imminent danger.

agency-workerapproved-mental-health-professionalrisk-assessment
Claimant won £18,479 · Nov 2023

Pregnant chef dismissed after requesting time off for pregnancy-related illness

A chef was automatically unfairly dismissed when her employer fired her by message after she requested time off for pregnancy-related bleeding. The tribunal awarded £18,479 for unfair dismissal, discrimination, and unauthorised deductions.

pregnancy-discriminationautomatic-unfair-dismissalunauthorised-deductions
Respondent won · Oct 2023

Senior pharmacist's constructive dismissal claim fails: trust and confidence not breached

The tribunal rejected a constructive unfair dismissal claim by an Associate Chief Pharmacist, finding the Trust had not breached the implied term of trust and confidence.

constructive-dismissalsenior-pharmacistwork-related-stress
Respondent won · Sept 2023

Customer service assistant dismissed on medical grounds without recommended risk assessment

A tribunal has upheld the dismissal of a London Underground customer service assistant with 13 years' service, finding that the employer acted reasonably despite not carrying out a recommended risk assessment before termination.

long-term-sicknessoccupational-healthredeployment
Respondent won · Jul 2023

Street Scene Worker's constructive dismissal claim fails over shielding dispute

A Street Scene Worker with disabilities resigned after his employer required a GP fitness letter to return from shielding. The tribunal rejected his constructive unfair dismissal and disability discrimination claims.

constructive-dismissaldisability-discriminationhernia
Respondent won · Mar 2023

Dismissed for disobeying light-duties instructions: a fair outcome for a long-serving employee

A recycling contractor with 26 years' service was fairly dismissed for gross misconduct after repeatedly ignoring health and safety restrictions following a heart condition. The tribunal upheld the employer's decision.

long-term-sicknesshealth-and-safetyrisk-assessment
Partial win · Mar 2023

Locum occupational therapist with diabetes: failure to make reasonable adjustments during COVID-19

A locum occupational therapist with Type 1 diabetes succeeded in her disability discrimination claim after her NHS trust employer failed to carry out a proper risk assessment and required her to return to work during the pandemic. The tribunal found the trust's actions amounted to a failure to make reasonable adjustments and harassment.

type-1-diabetescovid-19risk-assessment
Respondent won · Feb 2023

Pregnancy discrimination claim fails after nail technician resigned during furlough dispute

A nail technician who resigned after a disagreement over furlough pay lost her pregnancy discrimination claim. The tribunal found she was not dismissed but resigned voluntarily.

pregnancy-discriminationresignationcovid-19
Partial win £1,849 · Jan 2023

Covid concerns dismissal: employee lost automatic unfair dismissal claim but won notice pay

A plumbing engineer who was dismissed after raising concerns about his son's vulnerability to Covid-19 lost his automatic unfair dismissal claim but won £1,849 for breach of contract.

covid-19childcarefurlough