VICTIMISATION DISCRIMINATION – Health and Safety
In considering a claim under section100(1)(d) of the Employment Rights Act 1996 (‘ERA’), there are no arguable grounds for concluding the Tribunal erred.
The Tribunal made the necessary findings on the evidence before it to conclude (1) that there were no circumstances of danger; (2) the Claimant did not have a reasonable belief in serious or imminent danger that he could not reasonably be expected to avert: and (3) he was dismissed for his inability to accept instructions, which had been an ongoing problem prior to his raising any concerns about dust in the workplace.
Appeal dismissed.
Citations:
[2018] UKEAT 0126 – 18 – 2409
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 30 March 2022; Ref: scu.633782