Comments by Michael Miotk

Michael Miotk
Member - 21 posts

Hi,

Could anyone please give me the answer to this question. If a company rents/leases out a floor of a multi-story building, are they liable for an electrical safety check?

The building is purely a commecial property, with businesses on floors above and below. I was under the impression that the landlord is responsible for structural and embeded electrical tests and repairs, and the business's responsible for internal decoration and other superficial tests and repairs.

Any advice would be gratefully recieved.

Thanks and take care Mike

Michael Miotk
Member - 21 posts

I agree with David up to a point, I don't agree with his remarks about football supporters in general. Anything that is not attached securely to the out side of a vehicle should be banned! There is plenty other merchandise out there to support England safely; stickers, magnetised items, key rings, and so on the shops are full of it. The main thing is to be sensible with what ever you use, either internal or external of the vehicle and remember others use the road as well as you. If you have ever see a near miss accident with a flag flying off a car and a motorcycle you will think differently, I'm sure.
Finally, replying to Anon; David did explain his problem with flags were, you didn't read his piece.

Michael Miotk
Member - 21 posts

Les, hi

Just casting my memory back a short while when cars displayed flags for England. I was travelling up the motorway, when a two flags from a car flew off and hit a motorcyclers' helmet. Luckly he was an experienced cyclist and managed to retrieve his wobbling motorcycle before he had a nasty accident. My point is, if individual people want to display flags on their cars (I do!) that is one thing. If you allow your employees to display them on company vehicles, that is another - you are responsible if they fly off and cause an accident, because you allowed them to do it. You need to think about it seriously, and if you would accept the consequences if anything did happen!

Michael Miotk
Member - 21 posts

Hi, I have been asked the a question about references, the type employers give to employees.

My question is this; I know there is no legal requirement for an employer to give an employee a reference, I also know that if the employer does give out a reference to the employee it cannot be biast in anyway. The employer of a collegue (who has been made redundant)has told her that he will be willing to give her a reference, and it will be a good one but it can only be given via the telephone. Is the employer able to state what format the reference has to be in? What happens if her future employer requires a reference in writing and the posibility of a job depends on this? Finally, what happens if a future employer refuses to contact the past employer via telephone?

I haven't heard this one before, any comments? I have to get back to her asap.

Michael Miotk
Member - 21 posts

The company I work for has a policy enabling SDE users to have an eye test and a pair of glasses (for computer work) paid for by the company. I understand fully the mandatory obligation the employer has to his employees, regarding eye tests.

I was asked by one of our managers; are we obligated to provide tests and glassess for part time worker, who works on the computer for just over one hour Saturday mornings only. I said to him that a part time worker has to be treated the same as a fulltime worker, including our duty of care to supply PPE.

The DSE Regulations say a person is a user if they are using a computer for an hour or above per day, what it doesn't say is it has to be all week or stipulates a minimum number of days. Did I say right? Is there anything written that says any different?

Mike

Michael Miotk
Member - 21 posts

I agree with Phillip, It would take a cold person to walk past someone who has had an accident and decline treatment. I too am a qualified first aider and would offer my services to anyone who, in my opinion needs them.

I have been told there is an act call the 'Good Samaritan's'act that states that if the first aid was given in good faith, then there are no repercussions. so those of you that hold back because of litigation, don't. How would we feel if it was a member of our family who was injured and could have been saved by that split second action, only to be told they did nothing for fear of any reprisals. That would be a double kick in the head.

Old fashioned values are slowly being replaced with the 'I'm alright jack' attitude. As Philip states (its about time the good old values of looking out for each other were more eveident again).

Michael Miotk
Member - 21 posts

I agree, this job holds an enormous amount of responsibility, and the backlashes are even greater. But who listens when you say something needs implimenting, or you can't do that because it contraviens a piece of legislation - basically very few. The health and Safety guy is sometimes seen as a cost creating, non-profit making part of the company, who sticks his/her nose into everyone elses fun. When infact the amount of money and business this role saves is gigantic. I agree this profession needs to be recognised as an important valued part of any organisation.

Michael Miotk
Member - 21 posts

And me to please!

MichaelMiotk@hmdlimited.co.uk

Michael Miotk
Member - 21 posts

I'm a non-smoker and agree that a total ban in public places, including the workplace is far better for the health of everyone, but I'm sorry I disagree with your views about killers and murderers. I agree that smoking is a terrible, now anti-social habit but many cannot give it up. No matter how anti smoking we are we have to respect their choice, you yourself were a smoker so you should understand this. I belive the government are doing the right thing, maybe not fast enough, but they are right to ban it in publc places. Think back to your smoking days, would you really have liked to be told to stop NOW! this minute I think not. The way forward is to have designated areas for those who wish to smoke, while protecting those who don't. Honestly, when you were at the hight of your smoking, did you really feel you were a murderer,a killer? Alcohol kills, polution to the environment kills, stress kills and of course passive smoking kills. Murderers are killers, but people who smoke do it because they either enjoy it or they are trapped like a fly in a spider's web. Support and guidance is what's needed, not slagging.

Michael Miotk
Member - 21 posts

Hi,

I have the same issue with a collegue, she was given 1 months notice, but as she acrude holidays it was suggested that she took these off during her notice period. Basically she cannot afford to do it that way.

Anyway, yesterday I was looking on the ACAS site and noticed that 20 or more constitutes mass redundancies, and that for 20 or more employees being made redundant the employer has to consult for 30 days. If the figure is 100 or more it has to be 90 days. The qualifiying period it two years, unfortunately my collegue has only worked for the company for 12 months, so it doesn't apply to her. There is also a table on their called something like 'Redundancy + one week' explaining the payouts. Hope it helps, but I would definately look on the ACAS site.

Take care

Mike

Michael Miotk
Member - 21 posts

No, I know the difference. He has Public Liability Insurance, but was told he may or may not have to have Employers Liability Insurance even if he is only a sole trader. Someone told him it was compulsary insurance, and it didn't matter if he was employing anyone. I thought I may get a definative answer on this forum?

Michael Miotk
Member - 21 posts

Hi,

Could someone please answer my question.

Does a sole trader without any employees need to purchase Employers Liability? I have asked this question to several people and bodies, and they all say they don't know try someone else.

Someone asked me this question because he had two conflicting answers. He has a small cleaning company that cleans mainly schools and domestic places, but he has no employees. I thought it would be a simple no, but apparently its more complicated than that, so I have been told.

Please help....

Thanks Mike

Michael Miotk
Member - 21 posts

I have several female friends that have really bad, and I mean bad periods, vomiting the lot! It's not in their minds or nor is it make believe.

If your employee has been with you for 18 months or more, surely your company knows your her? The way you describe her is that she is just an employee, a number, a dot!

18 months without a day off, must tell you something about her.... I sure her periods haven't just started!! thats 17 months of periods without a day off.

She has obviously got something else wrong as well, maybe lack of iron in her blood, the doctor obviously thinks so because he has sent off a blood test for her.

I think you need to address your companies people person skills, your employer employee relationship and look at the big picture, because something is amiss somewhere. You appear not to trust, or believe the word of your employees much in particular this one.

Michael Miotk
Member - 21 posts

Unless they have a re-shuffle in the upper management, it will be the DTI in DEPI's clothing changing nothing. Change has to come from within, not from without.

Michael Miotk
Member - 21 posts

Ashley,

You are the typical type of ignorant person who should not deal with anyone who has this type of medical problem!

I found your solution to be arogant, dictating, patronising and downright offensive. If you took time to read davids article you would have seen he is doing quite a lot of what you have suggested already.

I do not personally have a problem in this area, but like any other disability I can feel for the person. Also, by placing the person, with what you called an infliction near 'some ventilation in the office' are you not circulating the infliction around a greater area.

I agree, if someone is just lazy and doesn't wash for what ever reason, then yes, have a sensitive word, but establish whether it is medical first condition first. I was once a male nurse and have met several people with this condition (MEDICALLY), and I tell you, they feel worse then we do I could walk away and forget about it until the next shift.

I'm sorry but your comments amazed me, to the point of being stuned. I in turn I don't want to offend you. Any type os dibilating condition is not only a surface visable condition, it affects people emotionally, and phychologically, your suggestions seem otherwise.

Sorry!

Michael Miotk
Member - 21 posts

Ian,Hi

I feel your solution is a calus almost cowards way of dealing with a sensitive situation. What if the condition stems from a medical condition? I would have been devistated if I saw a can of deoderant on my desk. Personal communication is the best way to deal with a sensitive situation, at least you can find out the cause before a parson is marked as lazy and dirty. No I think you went at it the wrong way. Body odour is similar to a persons house odour, they get used to the smell because they are with it 24/7. A house is the same, if no one makes the first move then nothing will be done. I have nursed people with body odour caused by drugs, and medical conditions, its not nice, even for the person with the condition. That poor collegue probably thought everyone was against him. Think before you act, how would I feel if I was told, or how would I feel if I found a can on my desk, I certainly would favour the former. I don't smell, or I don't think so, the only people that would know is others around me!!!!!!! Think!

Michael Miotk
Member - 21 posts

I had both female and male members of staff I had to address this concern. I took the female member of staff into a private room and mentioned about the personal hygiene problem, she thanked me and said she wasn't aware of the problem. Rather than saying I have received complaints about this, I said that I have noticed. This way she corrected the problem and all my staff are still working as a functional team. If I told her I had received complaints, then I feel she would have been wondering who!

The male member of staff was different in as much as I took him a private room and mentioned about the personal hygiene problem! He told me that it was a medical condition and that some days he has no control but is taking something to try and control it. He also thanked me and said he would visit his GP and get his medication adjusted.

I feel if I hadn't mentioned this the problems would have grown out of all proportion, but with a sensitive, caring, understanding approach the problems were solved. If I had this kind of problem I certainly would rather someone tell me (privately) than for me to be avoided and regected. Everyone has problems at some stage, whether it be medical or personal. The main this is sesitivity, understanding and respect.

Michael Miotk
Member - 21 posts

Like it or not stress is here and we have to deal with it! In the past employees wouldn't talk about being stressed because of possible reprocussions, they would go home and moan to their partners or friends or even turn to drink.

Today we have Acts and Regulations to enable an employee to say they are stressed and expect some support. I am trying to get my employer to become more stress aware and to save him any possible litigation costs in the future, even that,s quite stressful.

Did you know that 'self-reported work-related stress, depression or anxiety accounted for an estimated thirteen and a half million reported lost working days per year in Britain'

I agree with George Lloyd, and say we must be proactive not reactive against workplace stress, the latter costs too much!

Michael Miotk
Member - 21 posts

I thought it would be, and based my arguments surrounding CCTV legislation. They (the company) say that the images are not stored, and that it is just like a normal web cam you can access via the internet. I can see where they are comming from, but I also understand the requirements regarding the CCTV. I have on several occations turned the web cams off saying I want notices put up, only to find them turned on again. What I am looking for is a definative answer which way I have to go with this. I have no objections with the web cams as long as others are aware of there use and are able to have their say. The company is a brilliant company to work for, but some people do think they know better.