A former Tower Hamlets Council refuse worker is appealing his dismissal, claiming it was unfair. Isidoro de Lemos, a refuse collection vehicle (RCV) loader, was dismissed following a disciplinary hearing on 17 March 2025, and his appeal was scheduled to be heard by the Employee Appeals Sub Committee on Monday, 30 June 2025, although the meeting was POSTPONED.
De Lemos was dismissed for allegedly breaching the council's Health and Safety Policy and Code of Conduct by exiting a refuse vehicle while it was still moving. The incident occurred on 23 October 2024 and resulted in a compound fracture to his left shin, along with multiple lacerations and contusions on his left arm. He is appealing the decision on the grounds of procedure, facts, and the decision itself.
According to documents in the Public Reports Pack, De Lemos claims procedural irregularities occurred because he was not provided with full disclosure of the evidence prior to the hearing, limiting his ability to prepare a defence. Ashraf Ali, Interim Public Realm Director, responded 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.
De Lemos also argues that the facts presented at the hearing were not wholly representative of the incident. He stated:
While I acknowledge exiting the vehicle prematurely, it was neither intentional nor an act of gross misconduct.
Also I feel it's unfair that I was the only person on the vehicle investigated and not the driver as well. I was responding to a daily repetitive part of my every working day by multiple exiting of the vehicle which, unfortunately, resulted in a lapse of judgment.
Also the disciplinary panel have no experience and knowledge of the work that is carried out on multiple occasions on a daily basis and therefore to upgrade to gross misconduct is unfair as it's a breach of health n safety which warrants misconduct.
The council's duty of care to me at the hearing was neglected, and instead, their focus was on punishing, and dismissing long-term employees without any prior accidents, good attendance, and exceptional timekeeping, all while I am still recovering from this work-related accident.
Ali countered that the disciplinary policy gives examples of acts of gross misconduct, and there was evidence of a substantial infringement of health and safety rules and a breach of the Code of Conduct. Ali also stated that De Lemos was not the only person investigated, naming Jordan Forbes (an RCV Loader), Dougan Isaac (an RCV Driver), and Bobby May (an Environmental Manager) as others who were interviewed or provided written statements. Forbes and Isaac provided a joint written statement through Jason Mobley, their trade union representative, stating that they had 'no further information to add to this investigation'. The documents do not provide an explanation as to why De Lemos was the only one disciplined for the incident.
John Wheatley, Head of Service, added that the entire workforce attended a full day of Health and Safety training at the beginning of 2024, and De Lemos specifically attended on 12 October 2024, just 11 days before the accident. The training covered safety measures such as alighting from a vehicle at a standstill.
De Lemos further claimed that the decision to summarily dismiss him for gross misconduct did not align with the act committed or the council's code of conduct, stating:
I have also given my immediate acknowledgment of the error and the proactive steps I will take in future to ensure it does not recur.
I feel very sad of the increased charge and feel a lesser penalty would suffice, allowing me to continue contributing positively to the Council with the experience and dedication I have demonstrated over the years.
Ali responded that there was evidence within the investigator's report to suggest a substantial infringement of health and safety rules, amounting to gross misconduct as defined in the council's Disciplinary Policy and Procedure, as well as a breach of the Code of Conduct.
According to employee details included in the Public Reports Pack, De Lemos was a loader in Waste Services, earning £36,234.00 per annum. He was employed from 18 March 2024 to 17 March 2025, and had no previous disciplinary history. His job description included responsibilities for safe and proper refuse collection duties, complying with Health and Safety regulations.