05 August 2009 - Surveyor loses job after unveiling H&S and legal failings
A surveyor who was made redundant by NSL (formerly NCP Services) after telling the company that it was in breach of health and safety and legal obligations, is claiming unfair dismissal, and discrimination under the Disability Discrimination Act.
Mina Gadhia, of North Harrow, Middlesex, will tell the Watford Employment Tribunal that her post was not redundant, and that NSL used this as a pretext to dismiss her for making qualifying disclosures and insisting on the company being compliant on legal and health and safety obligations.
She will be represented by Tony Bertin, of Employment Relations Solicitors, who will also say that Ms Gadhia suffers from Systemic Lupus, an autoimmune disease, and is disabled under the Disability Discrimination Act, but that no adjustments were made to accommodate her illness. Employment Relations also represented Geoff Topliss, the DVLA National Operations Director of the company, in December 2008. Mr Topliss succeeded in his tribunal claim, alleging that he was unfairly dismissed as a result of his whistleblowing disclosures.
NSL Ltd is the operator of on-street parking enforcement for numerous local authorities and the DVLA. It is owned by the venture capital firm 3i, a FTSE 100 company. Ms Gadhia joined the company in August 2007 when it was still NCP Services Ltd. As a surveyor she was responsible for her company’s extensive property portfolio of car pounds, lock ups for recovery vehicles and premises where motorists can pay fines.
Just days after starting her new job she told the company of her concerns regarding a number of health and safety issues including lack of fire risk assessments, lack of asbestos records and no provisions for working at height, specifically for window cleaners.
Within months, one of the senior operations managers had become aggressive and abusive to her, causing her distress and attacking her professional integrity. Ms Gadhia was then advised, without any discussion, that she would report to a new line manager.
During her employment she discovered that NSL had illegally sublet premises in London and had failed to apply for planning consent for a number of properties. At regular review meetings Ms Gadhia repeatedly pointed out to the company its failure of legal responsibilities. New objectives were then added to her earlier appraisal to ensure the new property management system was up to date and the asbestos register fully compliant. However, this was done without prior consultation with her and she was told no funding was available to carry out the necessary assumptive surveys.
In April of this year Ms Gadhia’s line manager recommended to the board that surveying could be outsourced to save the company money and in May she was made redundant.
END
Inquiries
Tony Bertin, Employment Relations Solicitors 01303 840001 tonybertin@employment-relations.co.uk
Anne Leva, Employment Relations Solicitors 01303 840001 Anne@employment-relations.co.uk
www.employment-relations.co.uk
