Mr Papa M’Bow v Benhurst Court Limited Heard by CVP (London South Tribunal) — 2020

Mr Papa M’Bow brought a claim of automatic unfair dismissal under s.100(1)(e) Employment Rights Act 1996 after his dismissal from Benhurst Court Limited on 5 April 2019. The tribunal noted that he had less than two years’ service, so ordinary unfair dismissal was not available, and the issue was whether he could bring himself within the health and safety exception in s.100(1)(e).

The tribunal found that the claimant was not in circumstances of serious and imminent danger, and that he did not reasonably believe he was. It also found that, even if there had been danger, headbutting Mr Raghbeer was not an appropriate step to protect himself or others, and there had been no attempt to communicate any such circumstances to the respondent before dismissal. The tribunal accepted the respondent’s evidence from Mr Raghbeer and Ms Byrne over the claimant’s account and found the investigation fair and reasonable.

The tribunal found that the dismissal was not because the claimant had taken or proposed to take protective steps, but because he had acted violently in the workplace. It also held that, even if the statutory danger requirement had been met, the claimant’s conduct was so negligent that a reasonable employer might have dismissed him. The claim was dismissed in full and no monetary award was made.