This week Simon and David discuss the EAT case of Mr Darrell Miles v Driver and Vehicles Standards Agency.

They focus on the Health and Safety detriment and dismissal aspect of the claim, which arose because of the Covid-19 pandemic.

The question in the case was whether the Claimant reasonably believed there were circumstances that placed him in serious and imminent danger.

The case also had to consider whether the Claimant could have raised concerns with a Health and Safety Representative / Committee, who were not based in the same office location as the Claimant.

A belief that something is harmful to health is not the same as a reasonable belief in serious and imminent danger. Subsequently, the EAT did not find that there was a reasonable belief in serious and imminent danger.

Simon and David convey a key message to employers of taking complaints seriously and dealing with an employee’s concerns.

They also invite you to write in with any jokes they should have used in this episode!