In a significant ruling, a tribunal has awarded over £29,000 to G Shields, a crane operator whose dismissal by Falcon was deemed "substantively unfair." The decision highlights serious deficiencies in how the company managed the aftermath of a crane collapse that left Shields injured.
Shields, who had dedicated nearly two decades to Falcon, suffered a shoulder injury during the incident, which occurred on November 28, 2023. The tribunal found that Falcon failed to adequately investigate the circumstances surrounding the accident, particularly the role of a safety feature that was supposed to prevent such occurrences.
The crane involved had a tower height of 21 meters and a jib length of 65 meters. On November 27, the day before the collapse, Shields had placed the crane in an out-of-service position due to fading daylight, seeking to ensure safety. However, the tribunal noted that there was no discussion among staff regarding any potential damage to the crane, including with the crane supervisor from Collab, with whom Shields had communicated about site logistics.
During the tribunal proceedings, it was revealed that Falcon's health and safety manager, Bradley Rix, expressed a belief that Shields and the crane supervisor had conspired to continue operating the damaged crane without reporting the issue. This claim was dismissed by the tribunal, which stated, "[Shields], as an experienced crane operator, knew that he should report any damage to a crane to [Falcon]." The tribunal emphasized that Shields would not have risked his life or that of others by knowingly operating a damaged crane.
On the day of the incident, Shields conducted his routine pre-operation checks and did not notice any damage. After the crane's jib collapsed during a lift, he promptly contacted his line manager via video call to report the incident and took photographs of the scene. Following the accident, he was diagnosed with post-traumatic stress disorder, experiencing flashbacks, nightmares, and a fear of heights.
The tribunal also criticized Falcon for its handling of the disciplinary process. It found that the company had not provided Shields with crucial reports related to the accident during his hearing, despite Rix stating they were too confidential to share. The tribunal noted, "There was no good reason why these reports could not have been provided to [Shields] on a confidential basis in advance of the hearing." This lack of transparency further compounded the unfairness of Shields' dismissal.
Additionally, during the disciplinary hearing, Shields pointed out that the crane had recently been subjected to 65mph winds prior to the collapse and suggested that these conditions, along with the lack of inspection of the park radius device, could have contributed to the crane's failure. However, Falcon did not investigate these claims, nor did they attempt to check Shields' employment record.
In a related case, M Garwood, a former employee of Capital City College, was found to have been unfairly dismissed due to her disability. The tribunal ruled that the college failed to make reasonable adjustments, such as allowing Garwood to work from home starting in March 2022, which constituted discrimination under the Equality Act 2010. Garwood was awarded a total of £55,419, which included compensation for financial losses and injury to feelings.
The tribunal highlighted that Garwood was subjected to a sickness absence procedure without first attempting to accommodate her needs, thus violating her rights as a disabled employee. Employment Judge Lewis stated, "The respondent failed to make the reasonable adjustment of allowing the claimant to work from home from 14 March 2022, subject to a review after three months. Dismissing the claimant was discrimination arising from disability contrary to section 15 of the Equality Act 2010."
In another case, Kevin Lister, a gender-critical teacher from Swindon, lost his claim for unfair dismissal at a tribunal in Bristol. The tribunal criticized Dermalogica UK's handling of the situation, although the specific details of Lister's case remain less publicized compared to Shields' and Garwood's.
These tribunal decisions underscore a growing recognition of employee rights in the workplace, particularly regarding safety and discrimination. The outcomes reflect a broader trend toward holding employers accountable for their treatment of staff, especially in cases involving injuries, disabilities, and unfair dismissals.
As the legal landscape continues to evolve, it remains crucial for companies to prioritize safety and inclusivity, ensuring that all employees are treated fairly and with respect. The rulings serve as a reminder that neglecting these responsibilities can lead to significant financial and reputational consequences.
Shields, who has not worked since his dismissal, is now receiving universal credit and adult disability payments. The tribunal's decision not only provides him with financial compensation but also highlights the need for companies to conduct thorough investigations and maintain open lines of communication with their employees.
In light of these recent tribunal rulings, employees may feel empowered to advocate for their rights, knowing that the legal system is increasingly supportive of those who face unfair treatment in the workplace. It is essential for employers to recognize the importance of fair practices and to foster an environment where safety and well-being are prioritized.
As the dust settles on these cases, the implications for both employees and employers are clear: accountability and transparency are paramount in maintaining a just workplace.
