A Kemp Members: Mrs Z van Zwanenberg Mr S Cardownie Mr E Jarvie v Consortio Security Limited — 2019

The tribunal dismissed Mr Eric Jarvie's automatic unfair dismissal claim under section 100 ERA 1996. It accepted Mr Stone's evidence that the sole reason for the dismissal on 3 April 2018 was the Respondent's belief that Mr Jarvie had failed to wear required PPE on site. The Claimant said he had been dismissed for raising health and safety concerns, but the tribunal found that the emails he sent referred to safety matters only in general terms and were not the reason for dismissal.

The tribunal rejected the alternative explanation advanced by the Claimant in evidence that third-party pressure from Laing O'Rourke Services Ltd caused the dismissal. It found that this was inconsistent with the pleaded case and that the Respondent had not been aware of the later emails from LOR when it decided to dismiss. The tribunal also held that there was no evidence that Mr Jarvie left work or refused to return in circumstances of serious and imminent danger, so the statutory tests in section 100 were not met.

The separate complaint about failure to provide terms and conditions under section 38 of the Employment Act 2002 also failed. The tribunal found that a written statement of terms had been sent at the start of employment and that Mr Jarvie accepted in cross-examination that he had received it. The tribunal therefore dismissed the claim in full and made no award.