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Sacking of handyman who inadvertently created mustard gas at University of Hertfordshire pool upheld by employment tribunal
Overview
An employment tribunal has ruled that a handyman was lawfully and fairly dismissed after inadvertently creating mustard gas while carrying out chemical maintenance at the University of Hertfordshire swimming pool. Anthony Brown, working for Pinnacle FM, wedged open a chlorine tap and later used a liquid vacuum to clean up chemical spillages, triggering a hazardous reaction that led to the evacuation of the university's pool and gym in October 2024. Although the tribunal noted a lack of direct spillage training, it concluded that Brown's actions constituted a wilful breach of health and safety rules.
Key points
- Anthony Brown was dismissed by Pinnacle FM in November 2024 following an incident at the University of Hertfordshire swimming pool on 12 October 2024.
- While performing maintenance, Brown wedged open a chlorine valve with wood, walked away to answer a phone call, and later attempted to clean up chlorine and sodium bisulphate spillages using a liquid vacuum cleaner.
- The mixing of chemicals during the cleanup inadvertently produced mustard gas, prompting an evacuation of the pool and gym and attendance by the fire service.
- An employment tribunal at Watford dismissed Brown's claims of wrongful and unfair dismissal, finding that his actions were a deliberate and wilful breach of health and safety rules.
- The tribunal acknowledged that Brown had a long, unblemished service history and lacked direct training on handling chemical leaks, but nevertheless upheld the lawfulness of his sacking.