A handyman who “inadvertently” created mustard gas, leading to a university pool and gym being evacuated, was fairly dismissed, a tribunal has found.
Anthony Brown, who worked for Pinnacle FM, had been topping up chemicals and testing pool water at the University of Hertfordshire when the incident occurred on 12 October 2024.
Brown, who had been employed by the firm for seven years and had a “long, unblemished service”, was dismissed in November 2024 following an internal investigation.
An employment judge at the Watford tribunal found he “wilfully breached health and safety rules” and the incident could have been avoided.
The tribunal had been told during the maintenance of the pool, Brown had “wedged open” a chlorine tap with a piece of wood before answering a phone call and stepping outside.
On returning, he discovered the tank had overflowed.
He continued his duties before finding another spillage in a different room, this time containing sodium bisulphate.
Brown attempted to clean up both spillages using a vacuum cleaner designed for liquids, draining and flushing it with water.
But during this process, he started a chemical reaction, with an employment tribunal hearing he “inadvertently made mustard gas”.
After feeling side affects, Brown notified his manager, resulting in the fire service being called and the pool and gym being evacuated, while Brown was checked by paramedics.
A short time later, it was declared safe and was reopened.
A report by his employer concluded Mr Brown had attempted a “good deed” but had actually “increased the risk of harm to himself and others”.
The investigation found that although Mr Brown had a “long, unblemished service”, he was guilty of a serious breach of health and safety – which could have been avoided, and he was sacked.
The tribunal learnt Brown had not had adequate training in how to deal with spillages, amounting to “essentially one paragraph in a 200-page handbook”, with no direct teaching or training ever carried out on chemical leaks.
But it found by propping open the valve and walking away, Brown’s actions were the “catalyst” for the chain of events and his conduct amounted to a “deliberate and wilful breach of health and safety rules”.
The tribunal dismissed his claims of wrongful and unfair dismissal in a written judgement published on 12 October.
Mustard gas is a man-made blistering agent used in warfare, and causes severe burns to skin, eyes and lungs.
