Health and Safety Law 2024 (October 2024)
Gibson v Lothian Leisure (ET/4105009/2020) is an example where an employment tribunal ruled that the public interest requirement was not met. In the case, a chef was dismissed by his employer after raising concerns about being called back into work when there were no precautions against Covid in place. His father was shielding due to being clinically vulnerable. The employment tribunal found he had been unfairly dismissed under s100(1)(e) ERA 1996, which applies to workers who take steps to protect themselves or others in circumstances of danger they reasonably believe to be serious and imminent (see pages 50-52).
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