The appellant had been employed to conduct driving tests. He had refused to conduct these where there was a driver’s airbag, but no headrest. He was convinced this was unsafe. After warnings as to his dismissal, he indicated that he would if specific re-assurance was obtained as to the safety of such an arrangement. He had been refused consent by the tribunal to conduct an experiment in the tribunal which he asserted would make his point under section 100.
Held: The appeal failed. The ruling was permissible because the proposed demonstration would have no scientific validity, and may cause damage to the tribunal room.
Judges:
Peter Clark HHJ
Citations:
[2000] UKEAT 189 – 00 – 2605
Links:
Statutes:
Employment Rights Act 1996 100
Employment
Updated: 13 July 2022; Ref: scu.265154
