employee from dismissal in safety cases. However, it seems likely that even now, as when these cases were heard, there would be dispute as to whether on the facts there was a problem of unsafe working conditions. An actual example is Kerr v Nathan’s Wastesavers Ltd, where the EAT upheld a tribunal finding that the employee’s dismissal was not within this section. He had honestly believed his working conditions were potentially unsafe, but he had no reasonable grounds for that belief. In none of these cases was there any question of the employee having insufficient length of service, by the rules then currently in force, to qualify to lodge a claim in an Industrial Tribunal. SUSPENSION ON MEDICAL GROUNDS : Under the Employment Right Act 1996, s 64, an employer may justify a dismissal on the grounds that it would have been a contravention of a statutory duty for the employee to have continued to work. However, there are some safety provisions which prohibit the employment of persons in circumstances in which they might be exposed to substances which endanger

doi:10.4324/9781843140504-204

Chapter

employee from dismissal in safety cases. However, it seems likely that even now, as when these cases were heard, there would be dispute as to whether on the facts there was a problem of unsafe working conditions. An actual example is Kerr v Nathan’s Wastesavers Ltd, where the EAT upheld a tribunal finding that the employee’s dismissal was not within this section. He had honestly believed his working conditions were potentially unsafe, but he had no reasonable grounds for that belief. In none of these cases was there any question of the employee having insufficient length of service, by the rules then currently in force, to qualify to lodge a claim in an Industrial Tribunal. SUSPENSION ON MEDICAL GROUNDS

Chapter

employee from dismissal in safety cases. However, it seems likely that even now, as when these cases were heard, there would be dispute as to whether on the facts there was a problem of unsafe working conditions. An actual example is Kerr v Nathan’s Wastesavers Ltd, where the EAT upheld a tribunal finding that the employee’s dismissal was not within this section. He had honestly believed his working conditions were potentially unsafe, but he had no reasonable grounds for that belief. In none of these cases was there any question of the employee having insufficient length of service, by the rules then currently in force, to qualify to lodge a claim in an Industrial Tribunal. SUSPENSION ON MEDICAL GROUNDS

ABSTRACT

Under the Employment Right Act 1996, s 64, an employer may justify a dismissal on the grounds that it would have been a contravention of a statutory duty for the employee to have continued to work. However, there are some safety provisions which prohibit the employment of persons in circumstances in which they might be exposed to substances which endanger their health. Broadly there are two circumstances which may occur: either the persons concerned may have already reached an exposure which is the maximum their bodies are likely to tolerate or their workplace has been contaminated so that it would be dangerous for them to work there.