Security Guard Who Used ‘Reasonable Force’ Wins Unfair Dismissal Case
Lee Goodyear, a Security Guard, was sacked by his employer Vision Security Group, after being accused of assaulting a man has won a case for unfair dismissal.
Employment judges in Manchester however, said that Mr. Goodyear should not have been fired over the incident in Blackburn’s Mall in May last year. They also said bosses at Vision Security Group had breached Mr Goodyear’s contract of employment by giving him unpaid notice that his contract was to be terminated.
Lee Goodyear was seen on CCTV ‘threatening’ the man before punching him out of view of the camera. VSG bosses said that Mr. Goodyear’s actions amounted to gross misconduct and so disciplined him and subsequently sacked him.
He Used ‘Reasonable Force’
Mr Goodyear however, said that he had acted in self-defence after being threatened by the drunken man who was already barred from the shopping centre. His version of events was also backed by Police Constable Leo Noctor who told the tribunal that in his opinion Mr Goodyear had used ‘reasonable force’.
After the verdict, Mr Goodyear, 47, of Grindleton Road, in the Johnston Street area of Blackburn, said: “I am very pleased about the decision because I had done nothing wrong and the company did not follow the correct procedures.
Protection Under Employment Rights Legislation
Part V of the Employment Rights Act 1996 is concerned with ‘Protection from Suffering Detriment in Employment’, and Section 44(e) states:
“An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that………. in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger”, and , Under Section 100 of the same Act you can be regarded as being unfairly dismissed for doing so.
Entitlement to Compensation
Mr Goodyear will now be entitled to receive compensation for loss of earnings and pendsion contributions. VSG however, declined to comment following the judgement.
Our rights to use reasonable force to protect ourselves is protected by common and statute law, including Employment Rights Legislation, and this cannot be taken away by anyone.
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PS: You can view the Lancashire Telegraph article on the case by clicking here.