A worker who was dismissed after failing to follow new health and safety guidelines has won his claim for unfair dismissal in the Court of Appeal.  

The decision is a warning to companies that it is not enough to issue new procedures and risk assessment requirements, without making sure that employees are fully aware of the changes and are properly trained. 

The case of Newbound v Thames Water Utilities involved a long-serving and experienced sewer worker, who was summarily dismissed after an incident in which he entered a sewer to conduct an annual inspection without wearing breathing apparatus.  This contravened newly introduced safety requirements by Thames Water.

The claim for unfair dismissal also focused on why Mr Newbound was dismissed, but not another employee, the manager in charge of sewer entry who allowed him to enter without breathing apparatus, who was given only a written warning, which Thames Water said was due to the difference in experience.  They claimed that the manager was fairly inexperienced, compared with Mr Newbound who had worked for Thames Water for 34 years. 

In reaching its judgement, the Court of Appeal highlighted that the new risk assessment and method statement had been introduced fairly recently; and that no specific action had been taken by Thames Water to train Mr Newbound or to ensure that he was aware of the importance of the new assessment.  

Also, he had been allowed to use his own discretion in the past about whether to use breathing apparatus; and had not been subject to any disciplinary action as a result of any such previous decision.  As a result, the Court upheld the original ruling of the first Employment Tribunal hearing, that the reaction of Thames Water was not reasonable and the difference in treatment between him and the manager was unfair.