Cases→1402217/2022

Claimant v Morrison Data Services Limited

17 December 2024Before Employment Judge Mr P CadneyBristolin person

Outcome

Claimant fails

Individual claims

Detrimentfailed

The tribunal found that the respondent had a comprehensive health and safety system with formal trade union involvement via the National Staff Council and Health and Safety Sub-Committee. It was not necessary to establish a separate structure for the claimant outside the existing framework simply because he did not trust other union representatives. The respondent was entitled not to recognise him as a safety representative under the circumstances.

Otherfailed

The claim for failure to permit time off for health and safety activity under Regulation 4(2) of the Safety Representatives and Safety Committees Regulations 1977 failed because the tribunal found it was not necessary to allow the claimant time off to fulfil duties in a separate structure when comprehensive health and safety routes already existed, including formal GMB representation on the National Staff Council Health and Safety Sub-Committee.

Facts

The claimant, a GMB member and elected health and safety representative, worked for the respondent on pre-TUPE transfer terms (non-Grey Book). The respondent had a collective agreement recognising GMB and Unison, with a National Staff Council and Health and Safety Sub-Committee. The respondent took the position that only Grey Book employees could sit on the NSC/HSSC. The claimant requested recognition as a safety representative and access to health and safety documents. The respondent refused, stating he was not recognised as a safety representative for the company. The claimant's grievance asserting breach of the Safety Representatives and Safety Committees Regulations 1977 was rejected. The dispute arose after the GMB lost its representative on the HSSC to Unison representatives, which the claimant and his witness did not trust to represent non-Grey Book GMB members.

Decision

The tribunal dismissed all claims. While the GMB was a recognised trade union and the claimant was properly appointed as a safety representative, the tribunal found it was not necessary for the respondent to allow him time off or establish a separate health and safety committee. The respondent had comprehensive health and safety mechanisms including formal GMB involvement via the NSC/HSSC. The tribunal found no breach of the regulations and consequently no action short of dismissal, detriment, or unlawful refusal of time off.

Practical note

Employers with comprehensive health and safety consultation structures including recognised trade union involvement may not be required to establish parallel structures for union safety representatives from different bargaining units, even if properly appointed, where the necessity test is not satisfied.

Legal authorities cited

Statutes

Safety Representatives and Safety Committees Regulations 1977 Reg 9Safety Representatives and Safety Committees Regulations 1977 Reg 11TULR(C)A 1992 s.146Safety Representatives and Safety Committees Regulations 1977 Reg 3ERA 1996 s.44Health and Safety at Work Act 1974 s.2(4)Health and Safety at Work Act 1974 s.2(6)TULR(C)A 1992 s.170Safety Representatives and Safety Committees Regulations 1977 Reg 4Safety Representatives and Safety Committees Regulations 1977 Reg 7

Case details

Case number
1402217/2022
Decision date
17 December 2024
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Name
Morrison Data Services Limited
Sector
professional services
Represented
Yes
Rep type
solicitor

Employment details

Role
field based meter reading and inspection

Claimant representation

Represented
Yes
Rep type
barrister
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