Comments by Craig Stuart

Craig Stuart
Member - 109 posts

I couldn't agree more Denis.

Craig Stuart
Member - 109 posts

Marie-Claire,
It's obvious by the tone of your contribution that you have been on the receiving end of a negative experience involving an employee. However, you have to realise that there are hundreds of genuine cases being dealt with by GP's, trade unions and employers alike.

The world at work has drastically changed in the past 5 - 10 years. There is a lot more pressure put on people to work harder, faster and more productively. Employers have had to cut costs to compete and this often leads to staff leaving through natural wastage or redundancies but not being replaced.

Employers can do an awful lot to avoid creating a stress culture in the workplace. The unions recommend employers take a'Stress MOT':

1. Do you collect details of stress-related sickness absence?

2. Is the overall sickness absence rate in the organisation below the national average of 9.3 days a year per employee?

3. If someone took sick leave for stress-related reasons, would you attempt to identify whether the stress was work-related?

4. Do you have a policy for dealing with workplace stress?

5. Does your policy on workplace stress cover health and safety, equality and human resources issues?

6. Were safety reps or the union consulted in the development of your organisation’s stress policy?

7. Are audits or risk assessments carried out for workplace stress?

8. Are safety reps involved in stress risk assessments?

9. Do you have/provide copies of HSE guidance on preventing work-related stress?

10. Are managers given training on managing workplace stress?

11. Are staff given information on workplace stress?

12. Are staff generally confident that they can report suffering from stress, or give stress as the reason for sickness absence, without fear of discipline?

13. Do/would managers act in a sympathetic way to people suffering from workplace stress?

14. Are confidential counselling or similar services available for workers suffering from workplace stress?

15. Would you be prepared to alter working conditions or practices (such as hours, workload or specific tasks) to help someone suffering from stress?

Employing these procedures would significantly reduce stress and create a more proactive environment suited to identifying potential cases before they develop into absence.

Craig Stuart
Member - 109 posts

Remember, It's only subject to the smoking laws during their hours of work. What they do in their own vehicles after this time or when not receiving mileage allowance is entirely up to them.

Craig Stuart
Member - 109 posts

Sorry Louise, I don't understand your question. Can you rephrase it?

Craig Stuart
Member - 109 posts

For your information Anthony (and others who may be interested), there is a conference on "The Future of Safety Enforcement" organised by the Centre for Corporate Accountability being held on Monday 24th November at Hamilton House, Mabledon Place, London at 9:20 am.

URL:
http://www.corporateaccountability.org/conference/nov08ldn.htm

The Chair of the HSE will be there along with Trade Unions and Employers representatives. You can then ask your question to someone who will know the answer!

Craig Stuart
Member - 109 posts

If it's in the past - leave it there. It will take up far too much time and effort to re-open.

You have now identified the problem and have taken the appropriate steps, i.e. reducing his pay accordingly. You may want to revise your policy to state that if you do not clock out then you will be paid the normal hours for that day, regardless of how many you actually worked, unless it can be substantiated by a Supervisor/Line Manager etc.

Craig Stuart
Member - 109 posts

Depending on his illness, you may also want to look at reducing his workload and introducing other support mechanisms.

Craig Stuart
Member - 109 posts

I think you have a genuine grievance. The employer has set a precedent and at the very least the previous holiday arrangements could be taken as an implied contractural right.

I agree with Sheena on getting employment law advice from ACAS or better still joining a trade union. Either way, it would be worth checking your grievance procedure - if it has a 'status quo' cluase in it, it would be a useful tactic in blocking any changes until your grievance has been heard.

Good luck!

Craig Stuart
Member - 109 posts

What is it with the Northumberland public sector? Was nothing learned from the Walker v Northumberland County Council stress case?!

It beggers belief....

Craig Stuart
Member - 109 posts

Hi Jayne

I think that your friend's best route is to raise a grievance. This will lead to an internal investigation and may go some way in explaining why this happened. The grievance would have to be against the member of the management team who was first informed.

If your friend is a union member, they will be able to further advise on her options.

Craig Stuart
Member - 109 posts

Hi Tracy

Are you a union member? If not, you can join online:

www.gmb.org.uk

The union will be able to address your concerns. I feel that you have to:

a) put in an individual grievance; or
b) encourage others and put in a collective grievance

There are clearly lots of problems with your and your colleagues employment at present and they need to be properly aired using the internal procedures. If you so submit a grievance and have joined the union beforehand, you will automatically be represented by a trained trade union official.

'It's only a part-time job' you say in your posting. Nevertheless, it's a job you previously enjoyed (and to a large extent still do) so it's worth fighting for.

Good luck!

Craig Stuart
Member - 109 posts

A shocking indictment of the state of employer/employee relations. Draconian sick-absence policies have made it impossible for genuinely ill members of staff to take the appropriate time off to recuperate. This leads to an atmosphere of fear; let alone an atmosphere of bugs and germs.

The survey showed that 29% of respondents 'do not want to let down colleagues'. Employers have an obligation (legal and moral) to ensure that employees do not feel they have to return too early. Unfortunately, many employers use this colleague ethic to their advantage by the use of emotional or professional blackmail.

My partner works for a high street retail giant (think nice food adverts). Their sickness policy treats everyone like a criminal; guilty until proven innocent. It does not operate flexibly and treats everyone the same - despite staff having a range of long-term illnesses.

If we are treat our staff in this way, using fear and blackmail as weapons, then it will eventually backfire. Genuine sick-absentees will become more and more disillusioned and simply move on to other jobs.

Craig Stuart
Member - 109 posts

Ah James - 'committment and flexibility'; does not seem to be much room for flexbility with your suggsested approach.

The whole point of a 'Stand By Allowance' is in recompense for the fact that you cannot plan anything, such as visiting or sharing time with the family (not just 'watching TV'), given the fact that at any time during this period you have to drop everything and provide the service.

Richard, I would take on board Anne's advice and sit down with the employees and come to a mutually acceptable payment. You will reap the benefits of this; higher morale and application to the job.

Craig Stuart
Member - 109 posts

Just for your information Kenneth, there IS a national campaign on Asbestos beig run by the HSE:

http://www.hse.gov.uk/asbestos/

Best wishes.

Craig Stuart
Member - 109 posts

Could we put this one to bed now people?

Craig Stuart
Member - 109 posts

Rather than take away the facility, have you tried regular reminders and notices on the issue of hygiene etc?

My workplace has a kitchen and although it does not remain spotless, there is a collective responsibility on all staff who use it not to abuse it. This includes taking responsibility for removing 'old' food, taking care of own plates, cups/mugs etc and ensuring that it remains a comfortable place to take a break.

The removal of the facility could do more harm than good. Your staff will be understandably annoyed and it could have a damning effect on morale. At a time when the economy is so hard hit, could your business afford such turmoil?

Craig Stuart
Member - 109 posts

Tread very carefully Andy...

Have you given the person every oppportunity to improve? Have you included adequate support mechanisms? What timescale has been agreed for him to turn things around? Is it reasonable?

What does your internal disciplinary procedure say? Does it follow the ACAS Code of Practice?

Any meeting, or in this case 'hearing', must be clearly explained to the individual. You must outline the reasons for the hearing and the possible consequences, i.e. dismissal. The individual also has the right to be 'accompanied' by a trade union official, work colleague or friend.

The employee has the right to apppeal (internally) and also, as he has been in your employment of 12 months, the right of recourse to Employment Tribunal, if he feels he has been unfairly dismissed.

No-one has to work their notice period and given the situation I would suggest that if dismissal were the end result, a suitable 'compromise agreement' would be beneficial to both parties.

Craig Stuart
Member - 109 posts

'Let the fine fit the crime...'

Once again, quite clearly not the case here. How much would the company have saved by dumping the waste instead of disposing of it in the correct way? More than £10,000 one suspects.

Coincidently, it also works out at a fine of £1,000 per tonne...

Craig Stuart
Member - 109 posts

My father would not be at all impressed with this having played rugby for St Helens in his younger days.

He would argue that this type of incident is part of the game!