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Gary Ellisdon
Member - 5 posts
We have a health and safety rep who was asked to trial a new job because of work reorganisation and his health issues. On his return on the first day of the trial he was asked to see his Forman. He raised some very serious safety issues concerning the new job upon which the Forman told him to go home and not return to work until contacted. The rep feels this amounts to a suspension and has asked for our reasons in writing. We are currently trying to get this man out on disability grounds which he does not agree. What are our options for dismissal ?
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sheena farenden
Member - 49 posts
What do you mean you are trying to get this man out on disability grounds?
Beware you are falling foul of 3 issues here
1. Disability Discrimination
2. Bullying & Harrassment
3. Harrassing a H & S Rep you really need to catch up on your Safety Reps and Committees Legislation.
As I have advised others before your companies attitude is exactly why laws are made you need to see a solicitor immediately before you find yourself paying out a lot of money etc.
Firstly under DDA you should be making reasonable adjustments.
The employee was perfectly within his rights to refuse to work in a situation or undertaking work practices which he considers unsafe. Were proper Risk Assessments undertaken before even contemplating a trial? As a H & S Rep you should note he is probably more aware than most of your management team on the what/\why/\when in H & S.
Also remember the Consultation Regs it should not have got to this stage the Union Reps including H & S Reps should have been fully consulted before now.
I am presuming that in fact the employee has been sent home on full pay because your Forman did not know what else to do as you or other management had instructed him certain action must be taken ( I note you stated the Forman called him in).
Again if this was me in my management role I would be very worried. As from what has been said you have discriminated against him in more ways than one.
I would try your best to sort this issue and remember when a H & S Reps advises that there is a problem there usually is and in fact you should work together to create a more harmonious and safe working environment.
Todays press states that well motivated happy safe staff are more productive. I for one did not need a study to tell me that it is basic foundation of management skills
Note are you being set up as the fall guy here take care.
As to your last question your options for dismissal seem to be none as it is you as the employer who is being unreasonable.
Also as this person is a rep you can be sure he has well documented everything that has taken place and is more than ready for any action. Note unions do not take kindly to Bullying and Harrassment of their Reps.
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Craig Stuart
Member - 59 posts
Gary, oh dear, oh dear. Every now and then I come across someone who reminds me why I 've been a trade unionist all my working life! Do youreally think you could get away with what you are proposing?! Sheena is quite right when she says that 'unions do not take kindly to Bullying and Harassment of their Reps'. We also do not take kindly to the bullying and harassment of any workers. Is the reason why you are trying to get this individual out is because his health and safety concerns are well founded me thinks? You admit yourself that they are 'very serious safety issues' and I suggest that you take these as seriously as they seem to suggest. I also recommend that you try working together with the trade union to promote a healthy and safe working environment. Both you and the union will reap benefits and in the long run, it will avoid instances such as this.
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Alex Gordon
Member - 13 posts
Gary,
In short, your company better have a good and therefore very expensive lawyer...
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James Fairchild
Member - 210 posts
Gary,
About the only thing that I can constructively suggest is that you discuss a compromise agreement.
In terms of the alleged suspension, do you have a clause in your employment contract allowing you to request that a member of staff doesn't come to work if instructed? If so that is on your side, but you need to bear in mind the effect this may have on mutual trust and confidence.
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Gary Ellisdon
Member - 5 posts
Some of you may have guessed that I am the person being discriminated against. Sorry about the subterfuge but I felt I would get more response this way. I am a dept shop steward and health and safety rep.
My company has finally dismissed me under the pretence of Medical severance. It appears they are in the process of 'loosing' some staff and are prepared to go to any lengths to achieve their aims. I have a question if anyone can help. If I take them to an Employment Tribunal because they have denied me a transfer to another position in the company (which I am fully capable) can they fill that roll with other redundant/disabled workers before the tribunal is heard ?
I have been advised that there are no 'punitive' sanctions against a company that blatantly ignores employment law, can any one comment ?
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sheena farenden
Member - 49 posts
I am sorry to hear that you have been got rid of well compensated I hope.
What do you mean if I take them to ET? Surely you must and use all reasons DDA and Harrassment of a Union Rep/H & S Rep. I assume you have submitted ET 1 and contacted the union solicitors.
Even if they have filled the job with another person you can ask for info regarding why you did not get chosen. Have you put in a request under DPA for all records held on you by both company and their OH provider?
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