sacked for what i deemed as safe

[GWOD]

hi just found this site
can anybody tell me if i have a case for unfair dismissal

i had a board change to do when i got to it and started my work i was not given the periodic that was done 2 weeks prior by my supervisor i noticed a ring main that was bunched i disconected identified the ring placed it in its own circuit it was previosly in a old wylex re-wirable board on a 30amp moved the ring into a new 17th edition board on a 32a mcb the cable that was bunched i placed in a 16 amp mcb in the new board making it safer than it was previously as i did not know what this circuit was i left it swiched off and reported it to my supervisor i was expecting to go back to the property to locate this the next day along with a fault on the ring main my supervisor wouldnt let me go back ........

i later found out during my suspention that the circuit that i had isolated was for a bathroom heater in zone 2 it had been noted on the periodic that it was a code 1 ( required urgent attention ) this was disconnected while the ring was tested on the periodic to identifiy the ring then reinsated along with the ring ......
so the person who done the periodic disconnected the heater along with the ring then reinstated the ring along with the heater noted it as a code 1 got away with out anything where as i isolated the heater and made it 100% safer but i was dismissed

all views welcome do i have a case for unfair dismissal

 

[kung]

Hi GWOD
All code 1 deviations have to be rectified before leaving the periodic or if not possible you have to fill out and supply to customer a danger notification cert ! if this wasnt done then id say hes at fault.
Regards
Kung.

 

[GWOD]

who would have to fill in the form to the emplyoer the spark who done it or supervisor / qualifiying manager who signed the sheet off and would it be to the tenant or the housing association and also shouldnt the tenat be informed

 

[kung]

Hi GWOD
The person who done the periodic ! and both the tennant and housing association ! but the periodic etc would be supplied to person/company etc ordering it. you would have been better discon the heater though as the tennant could have switched the mcb on. Also in this instance id say that he should have discon the heater !

 

[pjrich]

Hi,

Warm Regards,

Peter

 

[GWOD]

anybody else have any views

i need to build a case on this any other info that can assist would be a help good or bad so i can take both on board

 

[suburban]

Hello

, I would say that the periodic tester should have left the heater ciruit out. You should have been given a copy of the periodic, and if you can get a copy it would be good evidence in a tribunal.

 

[GWOD]

i have a copy of this the company tried to use it as evidance against me but i think it has back fired

 

[suburban]

It may be worth considering reporting them to the relevant body that the company is a member of, unsafe practices and disorganised could lead to someone getting hurt etc.

 

[GWOD]

who can tell me where in the regs i can find info on this as they have now said they can use it in a court of law against me but have yet showed me any evidance of this offence in the regs also it might give me the chance to show them that it should have been disconnected on the periodic

 

[GWOD]

this is now going going to court any more veiws

 

[Phaeton]

Yes, without showing any disrespect to anyone on this forum they are not solicitors & that's who you need to be talking to. Many will give you the first appointment for free to see if there is a case to answer. I would suggest you contact one that has a employment law specialist, it could be that you maybe able to turn the tables on them & get them in court for constructive dismissal. However without knowing lots more facts & your previous employment record I don;t think anyone on here can truely help you.

Alan...

 

[Guest123]

Hi there.

I'm just trying to get my head round the situation, what exactly did they sack you for??? as from what I can make out the installation was in exactly the same state as when you arrived only difference being that the "heater" circuit was left off by you.

How can they sack you for this?? Is there anything else to it?? did someone complain?? are they just looking for an excuse to get rid?? have you annoyed someone else??
Give us a bit more.

Cheers.

 

[suburban]

Phaeton is going along the right lines, best to speak to a solicitor.

 

[GWOD]

i have a solicitor on this ....
nobody has complaind infact i have a statement off the tenant in the house saying before i got therethe heater was in use and that later after i had been the heater was not working and she feel the company had jeperdised her safty for 27 days previous to me attending the property
they have also tried to say that i did not check the earthing on the water i replaced the earthing on the gas to 10mm as the water was bonded with 10mm i checked with my continuity tester as the company had took there tester off me hence not providing me with equipment to carry out my duties

 

[kung]

Sounds like your be ok m8 good luck.

 

[Guest123]

It sounds to me like the company were just looking for a reason to actually dismiss you rather than offer redundancy.

The previous inspection should have been made available to you as it seems you were sent to carry out the remedial works to that inspection. The fact that they took their equipment from you prior to your visit to this job suggests that they were trying to set you up for a fall.

In my opinion you have a case for unfair dismissal at a tribunal but you would need to discuss that with a solicitor first.

 

[Andy Smith]

Hi welcome along

 

[adroughl]

Hey,

Just looked through your post.Seems to me that you had a fair bit against you when you carried out this job. However, the one thing that stands out to me is that the company will say they gave you copy of previous Periodic and the circuit was disconnected! They will say you re-connected and therefore its your fault! Your word against theirs! If they pay a governing body (eg. NICEIC) I would take a punt that they would back the company. I admire you for standing up to the company but feel you may be on a hiding to nothing with this. I wish you good luck with it though. The industry needs cases like yours to win but I feel it will not happen. Not while people are making money anyway!!
Good luck again

 

[GWOD]

got my court date through now any last minute advice ????????????