IN a recent case employers were warned to apply health & safety legislation consistently and to be fair in their approach to employees.

The employee in question was dismissed for failing to use the correct apparatus, in breach of health & safety. His supervisor was given a written warning.

The tribunal found that the dismissal was unfair because: The employee had not been told that the health and safety requirements had changed, or of the consequences of failing to comply.

This was not the first time, the employee had used his own discretion in the past and no action had been taken, and The site manager in charge had been treated differently.

For advice on how to deal with disciplinary action please contact Kirstie Johnson, employment law specialist and solicitor at Lamb Brooks solicitors on 01256 305574 or email her at kirstie.johnson@lambbrooks.com.