accused of putting health and safety at risk

[Kati]

Re: accused of putting health and safety at risk

[MENTION=26290]mariefab[/MENTION]??

[mariefab]

Re: accused of putting health and safety at risk

1. You couldn't have known.
2. Maybe. Sometimes an investigation can just gather sufficient information to decide whether a disciplinary hearing should take place. Facts can then be presented and/or elicited at that hearing.

[mariefab]

Re: accused of putting health and safety at risk

Unfortunately, this employer has the deeply entrenched view that 'not having an advanced first aider on shift put guests at risk' and nothing will be permitted to penetrate to dislodge this view.

There are several Health and Safety related Statutes that protect employees. However, you probably won't be surprised to learn that, I can't find anything that would help with an illogical premise.

[Natalie1]

Re: accused of putting health and safety at risk

Just a quick update.

Went to employment tribunal. Employer said advanced first aider must be on site at all times but did not provide any documentation such as health and safety policy to support this. Employer did not produce a risk assessment showing I had put guests at risk. Itwas just accepted by the judge that guests were put at risk simply because there were no advanced first aiders on site. Anytime therespondent explained the risk caused by my actions they cited a riskwhich could be caused from an existing hazard such as a fire, but they could not say what risk I hadactually caused. The judge accepted that the risk which could be caused by a hazard such as a fire would be a risk caused by me; which in my eyes means the judge is saying I would have caused the hazard such as a fire. Im sure you can guess by now that I lost the tribunal. It was obvious from the start that the judge was on the employers side and I didn't stand a chance. An employer can say anything they like and not have to back it up with evidence, but the employee will only be believed if they have evidence to support anything they say. The tribunal was a joke.

[Natalie1]

Re: accused of putting health and safety at risk

Just spoke with an ex employee who was named by the employer at my tribunal as a person who was an advanced first aider. She confirmed she had never done the advanced first aid course and was not a first aider. So the employer lied in court. The employer will just put that down to an error with the names and no doubt get away with it. I will be contacting other people they named just to see if they lied about anyone else. Even if it turns out they did lie, theres nothing I can do about it now as Ive missed the appeal window.

[Openlaw15]

Re: accused of putting health and safety at risk

Just spoke with an ex employee who was named by the employer at my tribunal as a person who was an advanced first aider. She confirmed she had never done the advanced first aid course and was not a first aider. So the employer lied in court. The employer will just put that down to an error with the names and no doubt get away with it. I will be contacting other people they named just to see if they lied about anyone else. Even if it turns out they did lie, theres nothing I can do about it now as Ive missed the appeal window.

Missed what appeal window?

[des8]

Re: accused of putting health and safety at risk

14 days to apply for a reconsideration
21 days to appeal to High Court (on point of law)

[Openlaw15]

Re: accused of putting health and safety at risk

14 days to apply for a reconsideration
21 days to appeal to High Court (on point of law)

Hmm des8, are there any exceptions to the time limitation periods? Does the 14 days start from when the tribunal issued it decision? The same question for the 21 days. Thanks

[des8]

Re: accused of putting health and safety at risk

http://www.hse.gov.uk/enforce/enforc...challenges.htm