Reasonable management request

[Lerxst]

Hi, can anyone explain what is and what is not a "reasonable management request"? I have received a Final Written Warning for allegedly failing to carry out a reasonable management request. My argument has been that the request potentially puts me at risk from serious injury or death.
cheers

[MissFM]

Re: Reasonable management request

Hi Lerxst and to Legal Beagles!

You need to give a little more detail (without personal info that would identify you) so that people can help effectively.

[Lerxst]

Re: Reasonable management request

Thanks for your quick response, that could prove difficult as it would be easy to identify me. Any suggestions, could I pm you?

[Amethyst]

Re: Reasonable management request

If the request is unreasonable in that it puts you at serious risk of injury or death then of course you should refuse, or assist in finding an alternative way of carrying out the request that suits all parties. To refuse a reasonable request could be judged as misconduct.

You mention you have received a Final written warning, have you received a prior warning and have you had a disciplinary hearing ?

[MissFM]

Re: Reasonable management request

Thanks for your quick response, that could prove difficult as it would be easy to identify me. Any suggestions, could I pm you?

Pm admin (amethyst etc) - they will both help and explain - I am not an expert and also pm-ing is not the LB way xx

[Lerxst]

Re: Reasonable management request

No prior warning, straight to final. My employer does not acknowledge my concern even though I have evidence from manufacturers that make shall we say the "machinery"

[Lerxst]

Re: Reasonable management request

Pm admin (amethyst etc) - they will both help and explain - I am not an expert and also pm-ing is not the LB way xx

thats great, not an expert perhaps, but very helpful, thank you

[Amethyst]

Re: Reasonable management request

and have you had a disciplinary hearing ?

Also how long approx have you been employed by the firm ? (over two years for example)

Is the request part of your ordinary duties (trained/competent to carry out the task requested etc) or is it an extraordinary request ?

Has a documented risk assessment been carried out ? and would it contravene H&S regulations ?

PM me what you've been asked to do and then at least we do have an idea what we're talking about and can keep the help un-specific on the thread.

(trying to ask questions that could have vague enough answers and still help us help you)

[mariefab]

Re: Reasonable management request

You could write to appeal against your employer's decision to give you a Final written warning as soon as you can.

Start with specifying the management instruction.
Then, in as much detail as possible, describe all the potential risks and possible consequences to yourself and others if you had complied with the management instruction.
State that these were the reasons why you failed to comply.

You could quote the Health and Safety at Work Act 1974.
Specifically s.2(1) and as many parts of s.2(2) as you can.
http://www.legislation.gov.uk/ukpga/1974/37/section/2

Also, to demonstrate your own legal responsibility, use s.7(a)
http://www.legislation.gov.uk/ukpga/1974/37/section/7

A Final written warning is a detrimental act.
The Employment Rights Act 1996 provides protection for Health and safety cases.
See s.44(1)(c) & (e)
http://www.legislation.gov.uk/ukpga/1996/18/section/44

[Lerxst]

Re: Reasonable management request

Thanks mariefab for the help, I will read these links you have posted.

[Lerxst]

Re: Reasonable management request

Thanks for the help and advice, I recently won an appeal against the Final Written Warning which was revoked, I used advice given to me on this post to assist me. I now wish to take legal action against my employer for libel and defamation as lies were printed about me in several reports. These lies proved damaging as they were used by the desicion making officer to base his final desicion. I have proof regarding the lies in the form of a FOI subject access request. I would like to know how I would begin this procedure, I am already out of pocket as the Ł250 fee for the Employment Tribunal is non refundable. I am best paying a solicitor or is this something I could perhaps tackle myself. Again any advice given here would be extremely welcome.

[MissFM]

Re: Reasonable management request

Libel is notoriously difficult and expensive to litigate.

I wonder if you mightn't be better claiming both your expenses and loss of income (as a result of provable false statements) in the small claims court?

Others here will advise more knowledgeably

[Lerxst]

Re: Reasonable management request

Thanks for the reply, I haven't really suffered any loss of earnings just many sleepless nights. I have read libel is difficult to prove I have been treated extremely bad and it doesn't seem right a manager can tell lies about me as well as make offensive remarks about me in an email without redress. Thanks for the advice though.

[Harmonica]

Re: Reasonable management request

People say nasty things about others all the time at work. It's not right but it is not something to go to court over unless it has resulted in substantial financial losses to you.

Forget libel. It would not be worth your time, money or effort. If you really are determined to go down that route you should approach a libel lawyer and see if s/he will take on your case on a no win no fee basis. If they won't take your case then you probably don't have a case nomatter how wronged you feel. You cannot afford to allow emotion to cloud your judgement.

[teaboy2]

Re: Reasonable management request

You wouldn't stand a chance with the libel claim in any case, due to the statements not being made publicly to 3rd parties but in house (within the company) as part of a formal disciplinary.

You could off course issue grievances against those the made clearly obvious false statements, but it would only cause you more hassle and stress. So let it go, is the best advice i can give you.