Oudahar v Esporta Group Ltd

Health and safety dismissals: relevance of employer’s belief
Article Index
Overview
The fact that an employer did not believe there was a situation of ‘serious and imminent’ danger did not prevent an employee’s dismissal from being automatically unfair. For a health and safety dismissal to be automatically unfair, an employee must simply hold an honest and reasonable belief that such a danger existed – the fact that the employer may disagree with the employee is irrelevant.
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