S100 (1) of The Employment Rights Act 1996 makes dismissal for a specified reason related to health and safety automatically unfair. The specified reasons are where an employee:
raises a concern regarding health and safety to an appropriate person;
refuses to work in circumstances of imminent danger;
takes appropriate steps to protect himself or others in circumstances of imminent danger.
What happens if an employer and the employee disagree as to whether or not a dangerous situation had arisen in the workplace? The matter was considered in a recent case.
Mr Oudahar worked as a chef in a health club owned by Esporta Group Ltd. During November 2008, some maintenance work was carried out in the kitchen where Mr Oudahar worked. His manager asked him several times to mop an area
A statement taken from the maintenance manager said that there was no danger. Mr. Oudahar was dismissed because he had disregarded the company's food hygiene Tim hockey jerseys rules and failed to follow a reasonable management request.
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