Jasinskas v Sebden Steel Service Centre Limited [2020]

The claimant worked for the respondent as a productive operative from June 2012 until 4^th October 2018 when he was dismissed for gross misconduct.   The issue in question arose on 20^th September 2018 when the claimant who was carrying out his duties making wooden pallets with a pneumatic nail gun had a nail enter his left foot.  The claimant missed two days of work as a result of the injury.  The claimant contended that the nail gun had malfunctioned on that occasion and that he had actually complained to the health and safety manager about the nail gun.   There was never any record of a complaint being made and it was denied by the respondent. The claimant had