Oudahar v Esporta Group Ltd [2011] IRLR 730 EAT
Reports relating to this case:
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Unfair dismissal: Dismissal for health and safety reason can be automatically unfair where employer does not share employee's belief in danger
- Date:
- 1 February 2012
In Oudahar v Esporta Group Ltd [2011] IRLR 730 EAT, the EAT held that a dismissal could be automatically unfair for a reason related to health and safety even though the employer genuinely did not share the employee's belief that a situation was dangerous, and dismissed him for his repeated failure to undertake a task that he thought was unsafe.
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Employee can be automatically unfairly dismissed over safety concerns even when employer genuinely disagrees
- Date:
- 28 June 2011
The Employment Appeal Tribunal has held that an employee who was dismissed for refusing to work because of health and safety concerns, even though his employer genuinely believed that there was no danger, could be automatically unfairly dismissed.