Employment Law ET1 Grounds of Claim Unfair Dismissal and Whistleblowing

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CASE NO. TBC 

IN THE LEEDS EMPLOYMENT TRIBUNAL

B E T W E E N:

DAVID JONES

Claimant

and

A MANUFACTURED (MANUFACTURING) COMPANY LIMITED

Respondent

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GROUNDS OF CLAIM

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 Background

1.        The Claimant was employed by the Respondent for twelve years. The Claimant’s job title was Welder.

2.       The Claimant resigned from his employment, with immediate effect, on 21 December 2102.

3.       The Respondent is a medium-sized company which undertakes various manufacturing work for the car industry. The Respondent is based at the Fictitious Business Centre, Lanchester, XX1 9&% (“the Premises”).

The Assault

4.       On 12 December 2102, at around 4pm, the Claimant was assaulted by his colleague, Abid, at the Premises during work time. Prior to the assault at work, the Claimant had been welding stainless steel boxes. Suddenly and without warning or provocation, Abid sprayed bleach into the Claimant’s face. The Claimant had his welding mask up at the time of the assault i.e. not covering his face. As a result, the bleach landed below the Claimant’s eyes. The Claimant screamed, as he was in a great deal of pain.

5.       The assault at work was witnessed by a foreman, James Thirsk, who left the scene of the assault without providing any assistance to the Claimant.  The First Aider refused to provide first aid.

6.       The Claimant found the first aid box by himself and discovered that there was no eye wash in the box. In agony, the Claimant washed his eyes with water and then telephoned the Police.

7.       The Police attended the Premises and arrested Abid. The Police retained the Claimant’s clothes as evidence and took photographs of the Claimant’s injuries. The Police expressed incredulity that the Respondent’s employees had not administered first aid nor summoned an ambulance.

8.       Therefore, the Police called for an ambulance, which attended, and took the Claimant to Lanchester General Hospital upon where the wounds were treated. The Claimant was referred to the burns unit.

9. Due to the injuries sustained in assault at work, the Claimant was absent for the following two weeks.

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