A slippery slope — cumulative effect of emails was a protected disclosure

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Employment News — 3 February 2014: a slippery slope — cumulative effect of emails was a protected disclosure - .PDF file.

The claimant managed a sales team. One day during very bad winter weather, concerned about his team driving to meet customers, he emailed his employer’s health and safety manager asking what the company’s policy was for driving in snow and whether a risk assessment had been done. On receiving the answer that no risk assessment had been carried out, he emailed the manager again the same day, saying that the position was dangerous and asking for formal guidance. A few days later, he sent a third email, this time to a member of HR, reiterating his concerns.

The claimant was subsequently dismissed and relied on the three emails as being protected disclosures in a claim of automatic unfair dismissal. He did not have sufficient continuity of service to bring a claim of ordinary unfair dismissal…

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