Health and Safety Inspector wins unfair dismissal claim

Wednesday 26 September 2018

Stephen Marsh was instructed directly by the union by Marion Scovell to represent Loraine Charles.

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The employment tribunal finds Prospect member, Loraine Charles, was dismissed unfairly by the Health & Safety Executive.

Loraine had worked for HSE for over 16 years and was very well respected by colleagues. Following an incident in 2016 she was dismissed for failing to comply strictly with procedures on one inspection. At the time many of her colleagues were so outraged by the dismissal that they held workplace protests.

Prospect supported Loraine's case of unfair dismissal and the case was eventually heard over three days earlier this year.

Stephen Marsh, from Garden Court Chambers represented Loraine in the tribunal. Jez Stewart, negotiations officer, gave evidence to the tribunal along with four inspectors who were Prospect union reps or had worked with Loraine.

The Judge found the dismissal was unfair because the manager dealing with the original decision to dismiss and the appeal manager had not followed a fair procedure. Particularly on appeal, new matters were included in the reasons for rejecting the appeal that had not been put to Loraine.

Marion Scovell, head of Prospect legal, said: "We felt strongly that the dismissal was unfair, as did so many of Loraine's colleagues, and I am delighted that she won the case."

This article was originally published in the September 2018 edition of 'News from Prospect Legal'.

Stephen Marsh is a member of the Garden Court Chambers Employment law, discrimination and professional regulation team.

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