Mr J Lynch v ICTS (UK) Limited — 2019

The claimant, a Security Officer, was dismissed following an incident on 18 April 2019 when a fire alarm was activated at the American Express site. The tribunal found that he prevented staff from leaving the building for eight minutes while believing, or assuming, that the alarm was false and awaiting further direction. The tribunal noted that the claimant's good faith was not doubted.

The tribunal held that the claimant had not shown circumstances of danger which he reasonably believed to be serious and imminent. It found that if the claimant had reasonably believed the alarm itself created serious and imminent danger, he would logically have allowed staff to evacuate rather than holding them in reception.

The tribunal concluded that the claimant was dismissed for failing to follow the respondent's procedure when an alarm was activated, not for taking appropriate steps to protect himself or others. The s.100(1)(e) ERA 1996 automatic unfair dismissal claim therefore failed and was dismissed.