Employment Judge Isabel ManleyIn person for claimantMr L O’Shaughnessy (instructed by counsel) for respondentDate 5 December 2025
JUDGMENT
[1]The claimant was employed at a place where there was a safety committee and he has not shown that it was not reasonably practicable to raise health and safety matters with that committee.[2]In any event, the reason (or the principal reason) for the claimant’s dismissal was not that he had raised health and safety concerns.[3]His claim for automatically unfair dismissal under section 100 c) Employment Rights Act 1996 fails and is dismissed.[4]The reason for the claimant’s dismissal related to his capability for performing the work of the kind which he was employed to do.[5]The dismissal was not unfair and his claim under section 98 Employment Rights Act 1996 fails and is dismissed. Approved by