A refuse worker in Tower Hamlets has been dismissed for gross misconduct after exiting a refuse collection vehicle (RCV) while it was still moving, resulting in a compound fracture to his left shin, along with multiple lacerations and contusions on his left arm, prompting an appeal against the decision.

Isidoro de Lemos, a refuse collection vehicle (RCV) loader, was dismissed following a disciplinary hearing on 17 March 2025, chaired by Ashraf Ali, Interim Public Realm Director. The dismissal was based on allegations that de Lemos breached the Council's Health and Safety Policy section 14.1, and the Council's Code of Conduct sections 4-6 and 68-70.

De Lemos is appealing the decision on the grounds of procedure, facts, and the decision itself, according to the Employee Appeals Sub Committee documents. The meeting to consider the appeal, originally scheduled for Monday, 30 June 2025, was postponed, so the outcome is not yet known.

Grounds for Appeal

De Lemos claims procedural irregularities occurred during the disciplinary hearing, alleging he was not provided with full disclosure of the evidence, limiting his ability to prepare a defence. He stated he was not provided with full disclosure of the evidence prior to the hearing, which limited his ability to prepare a comprehensive defence once the panel ignored the investigation officer's recommendation for misconduct and upgraded it to gross misconduct. He also argues that the disciplinary panel lacked experience and knowledge of the work carried out by refuse workers, making the upgrade to gross misconduct unfair.

While I acknowledge exiting the vehicle prematurely, it was neither intentional nor an act of gross misconduct,

De Lemos stated in his appeal.

He also raised concerns about the council's duty of care towards him, highlighting his age (62), health issues, and the potential financial strain the dismissal would cause. De Lemos stated that he supports his family back home in Portugal and fears losing his job will leave him with no prospect of working in the job he loves.

Management's Response

Ashraf Ali refuted the claims of procedural irregularities, stating that the full investigation pack was sent to Jason Mobley, de Lemos's trade union representative, on 6 March 2025, in line with council procedures and Advisory, Conciliation and Arbitration Service (ACAS) guidance.

Ali also addressed the claim that de Lemos was the only person investigated, stating that Jordan Forbes, Dougan Isaac, and Bobby May were also either interviewed or provided written statements. John Wheatley, Head of Service, confirmed that the entire workforce attended a full day of Health and Safety training and induction at the beginning of 2024, and that de Lemos specifically attended this training on 12 October 2024, just 11 days before the accident. Wheatley emphasized that the training covered safety measures such as alighting from a vehicle and ensuring that the vehicle is at a standstill, pointing out that this incident could have resulted in a fatality.

Ali defended the decision to dismiss de Lemos, stating that there was evidence of a substantial infringement of health and safety rules, which amounted to gross misconduct as defined in the Council's Disciplinary Policy and Procedure. He also stated that there was evidence to suggest a breach of the Council's Code of Conduct, specifically sections 4-6 and 68-70. These sections emphasize the public's expectation of high standards of conduct from local government employees and the importance of maintaining public confidence in their integrity. Sections 68-70 highlight the role of established policies, procedures, and operational guidelines in ensuring the Council meets its statutory obligations, maintains service standards, and applies proper monitoring and auditing processes. It also emphasizes the employee's responsibility to be familiar with and work within these guidelines.

Supporting Documents

The report pack for the appeal included employee details for Isidoro De Lemos, noting that he was a loader in Waste Services, Grade E, earning £36,234.00 per annum. He had been employed from 18 March 2024 to 17 March 2025, and had no previous disciplinary history. His job description states that he is responsible for safe and proper refuse collection duties, complying with all service conditions, standards of work performance, Health and Safety regulations, and Environmental Protection Act (EPA) provision.

The Employee Appeals Sub Committee was scheduled to convene on Monday, 30 June 2025, to consider de Lemos's appeal. The agenda included reviewing the structure of appeal hearings and noting declarations of interest from members, according to the Agenda Frontsheet 30th-Jun-2025. The public reports pack contained confidential information, leading to the exclusion of the press and public from the majority of the meeting.