At the Tribunal | |
Before
HIS HONOUR JUDGE J McMULLEN QC
MS B SWITZER
MR T C THOMAS CBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | Mr Ian Wilson Solicitor Appearing under the Employment Law Appeal Advice Scheme. |
JUDGE J McMULLEN QC
"(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason ……is that -
(d) in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work, or any dangerous part of his place of work"
It is not necessary for us to read any further since the Tribunal decided that section 100(e) was not relevant to the circumstances before it.