Employer asking me to do something i cant....

[FlamingParrot]

Re: Employer asking me to do something i cant....

I'm a support worker for individuals with learning disabilities, we do a vary of different activities which are enjoyable and i enjoy my work. My employer has decided to push swimming as an activity for our service users, the only problem i have with this is that i can't swim. I don't feel comfortable in a swimming pool and i don't want to risk my health as i do have a fear of drowning, we deal with challenging behaviour and the last thing i want is to be in the deep end when one of the service users blows! But my employer insists i do it and by refusing i am breaching my contract, they don't believe me and are pushing me into doing something i can't. I've had to write a statement for our HR saying i can't do this activity as i cant swim and now they've asked me to provide a doctors note to say i can't swim, a doctors note?!

That's very irresponsible on your employer's part! Would they also want a non-driver supervising learner drivers?

Presumably the idea of them being supervised is that, should one of them get into difficulties, the supervisor would jump into the pool and deal with the situation. If the supervisor can't swim, he can hardly do a proper job if it came to having to rescue someone who's drowning as opposed to just blowing the usual whistle. Would they want you to be responsible for someone drowning?

I really need to know where i stand here, the company are being awful and uncompromising and i genuinely feel like i'm being bullied, how on earth can a doctor prove i can't swim? It's almost hard to believe what i am writing but it's all true. Can anyone please advise me what i can do and what my rights are?

They couldn't! A doctor could only say if you had a disability that could prevent you from swimming but many disabled people are actually able to swim, it's a skill rather than a physical ability.

[hairbear]

Re: Employer asking me to do something i cant....

The employer has a duty of care to both his employee and customer. For this activity to be performed a risk assessment should be carried out and the fact that the employee taking responsibility for the customer is not competant in the task( can't swim) is neglect by the employer

[wales01man]

Re: Employer asking me to do something i cant....

As someone who cannot swim and I have a real fear of water I sympathise with the OP remarks like the ones posted by someone on here don't help It took a lot of years for me to even shower I used to panic with water running over my head even now I cannot keep my eyes open I never go in the sea and could count the number of times I have been in a swimming pool in my life on one hand.
I some employer wants the OP to go in a pool and supervise anyone they should be the ones critiscised

[MissFM]

Re: Employer asking me to do something i cant....

I would like to contribute to this thread and I hope it will be of use to the OP although I'm not an employment law expert.

My perspective is as an advocate of the service user.

On the particular question - swimming skills - it's blatantly obvious that a service user would be put at serious risk if physically supported by a non-swimmer. Anyone supporting in this context must not only be able to swim well but also have life-saving skills.

If this is an employment requirement, then it should not only be specified, but specific training to that end should be offered and supplied by the employer.

I do know, from experience, that swimming is something that many people with SLD and CB both enjoy and from which they benefit greatly.

Broadly, the inference on this thread and my own experience is that, however much money is thrown at supporting the most vulnerable, those caring at the coal face are under valued, under trained, and under paid.

The funds aimed at improving life for those with extra needs are creamed off by "managers" and "service providers".

So my advice to the OP is to blow the whistle at full volume - of course you can't be required to support clients at a *dangerous* sport for which you have no aptitude or experience.

I could go on, and on, but will exercise restraint. xx

[sloane82]

Re: Employer asking me to do something i cant....

Ok they cannot make you do something that you cannot do. legally if they are being bad to you this is harrassment. If you would like to try and learn to swim then it is upto yourself. I have a fear of heights and wouldnt want to do construction at heights you can talk to your employer about this and see what they say is your employer a sympathetic person or are they wanting yourself to do this?.