Do Not Listen With Half An Ear On H&S Matters

In a recent judgment Gibson vs Lothian Leisure (29.01.2021) the UK Employment Tribunal discussed and concluded that an employee (a chef) had been unfairly dismissed for raising concerns about covid-secure measures out of concern for his clinically vulnerable father.

The claimant, in the run-up to the end of lockdown and the prospective re-opening of the restaurant, was asked to undertake some work ("coming in and helping out for a bit"). He had begun to raise concerns with his employer about the possibility of his father catching Covid from him on his return to work. No personal protective equipment was provided for staff and there was no intention of requiring staff to take precautions. The employee raised these issues a number of times and was told to "shut up and get on with it!". The claimant believed that the respondent started to see him as a nuisance despite the previously good relationship. The UK employment tribunal decided that his dismissal (even though