M&E contractor Balfour Kilpatrick has lost an unfair dismissal case relating to the sacking of electricians on the Pfizer pharmaceuticals site in Sandwich, Kent in April 2000.
Balfour Kilpatrick dismissed all 240 of its electricians at the site. Workers walked out after raising concerns over health and safety following torrential rain.

An employment tribunal has ruled in favour of 80 staff who claimed unfair dismissal.

The tribunal found that it was reasonable to draw issues surrounding wet clothing, insufficient drying facilities, the risk of water-borne infection from standing water, and general risks of working in wet conditions to the attention of employers.

Workers left the site after exceptionally atrocious weather. Requests to cease working in order to dry out had been rejected by site management.

Each of the 80 electricians will receive £3100 plus an additional sum for loss of earnings to be decided next March.

A statement from Balfour Kilpatrick notes that the tribunal's verdict appears to condone the use of collective action to resolve health and safety disputes.

The statement said: "A point of principle, reflected in the law, is that health and safety representatives should take the lead. In this respect, the tribunal's judgement that collective action was reasonable despite the fact that the designated safety representatives had never raised the issues involved seems to be contradictory to acknowledged legal structure and to this important principle."

Balfour Kilpatrick is considering the decisions against it and is likely to appeal.

Source

Electrical and Mechanical Contractor