Is it an Unfair dismissal?

Question

My partner almost had an accident at work on wensday this did not result in any injury .He was fired the next day as his boss said he was a liability and didnt want people claiming off his liabilty insurance i feel this is wrong as he did not have an accident also as this was a building site accidents are common place .I dont see how you can sack someone because they nearly had an accident is this an unfair dismissal?

Answer 1

Absolutely fair.  Accidents cause lots of expense for employers -- the potential for accidents must therefore be dealt with.  It's because accidents happen often that employers get rid of employees that might cause future accidents.

Your partner just needs to find another job and work hard to be safer and less risky to his next employer.

Answer 2

Absolutely under the employer's discretion when there is a safety issue at hand.  The fact that actual accidents have occurred in the past is all the more reason to do so.  Sorry.

I was almost fired on the spot on a construction site for taking off my hat hard on a hot day even though there was nothing above us.   If an OSHA inspector had caught me, the company would of been fined $500.

I have also almost fired someone in a kitchen when they put a sharp knife into a sinkful of dirty dishes after warning them that absolutely no glass or knives were to go into the sink ever.

Safety First

Answer 3

by law if the employer feels that the near miss was a result of your partners behaviour then your partner should of been put through a disciplinary procedure.  if the action was the fault of your partner and if your partner had been wreckless and neglecting health and safety in the course of thier duties...then depending on the incident it can result in summery dismissal.. if your partner wasn't at fault and the incident then not only is it unfair dismissal but the employers looking at being reported by your partner to HSE (health and safety executive) if it turns out that the near miss was due to the lack of health and safety in the workplace

Answer 4

No, this isn't fair unless your partner was acting completely negligently. If that was the case however he would need to go trough disciplinery procedures before they could sack him. The employer obviously thinks he had cause to claim off his liability to say that. Go to Citizens Advice.

Answer 5

I may only have 6 months of experience working in HR, but I have to disagree strongly with the previous answer. In the UK, apart from an incidence of gross misconduct, I'm pretty sure an employer has to follow certain disciplinary procedures before sacking someone (e.g. verbal warning, written warning, and finally dismissal). In cases of dismissal, the employee always has the right to appeal the decision too. Legally, your partner should have received something to this effect in writing.

Without knowing any specific details in this particular case, I'm unable to comment with any accuracy further, but it sounds to me like unfair dismissal and if I was your partner, I'd be looking to take further action.

Answer 6

In the U.S. an employer is able to terminate someone if they violate safety rules and procedures, without warning and without a disciplinary procedure.  

Answer 7

Sorry.......he's gone.........

Answer 8

Yes, I think that this is an unfair dismissal.  If he was fired for having an accident, that isn't right.  It's human nature to make mistakes.  Your boss should be more lenient with his decisions.  

Answer 9

In USA we have a doctrine called Employment at Will. An employee can quit any time, he can be fired anytime. Obviously a contract supercedes that rule. A boss can't fire a union employee without going through union rules.

So yes the boss was allowed to fire your friend. He doesn't need to give any warning or severence pay.

Was it fair ? I don't  know. It was certainly legal.