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Archive for May 13th, 2011

A station master has been sacked for risking his life to save others. UK employment law and Health and Safety regulations often go hand in hand for many employers especially if they operate in high risk industries, such as railway travel. In this case, South West Trains say they have taken the decision to sack popular station master, Faletto, on grounds of gross misconduct after he went onto the track to remove a shopping trolley which may have been capable of causing a serious accident.

The problem is that from an employment law and health ans safety perspective, Faletto had to contravene safety regulations to do so and this led to the accusation of gross misconduct. Mr. Faletto says he took action in an emergency situation and that in such circumstances the employer’s safety regulations allowed such an intervention. The case is likely to centre around employment law principles such as whether it was reasonable for the employee to take the action he did in the circumstances, and was it reasonable for the employer to find him guilty of gross misconduct, and if so, was it reasonable to sack him for the offence or were mitigating factors such as length of service, unblemished record, contingent circumstances (Mr. Faletto believed his request to turn off the power had been actioned) and so forth, capable of reducing the penalty to a disciplinary warning?

If the matter goes to court the tribunal will be the arbiter of these questions. The country will await the outcome of the tribunal’s decision which is likely to have an impact on other employment law dismissal cases where contravention of safety regulations are involved in extreme circumstances.

Ian Faletto has been praised for his customer service and has won many awards in decades of service for South West Trains who are standing by their decision and dismissed his appeal. The public are coming out in support for Mr. Faletto in their droves and petitions, PR and BBC coverage will all serve to put pressure on South West Trains whose journey through the employment law tribunal will not necessarily be an easy one!

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