Help, dont know which way to turn. :(

[Sparky Swanny]

Re: Help, dont know which way to turn.

I have got loads of emails, a few of them asking specific health and safety questions. Shortly after I got suspended.

I have done a list of events from when I started to have issues with this manager. Can I upload this list and if you have question or want to see email evidence then I can send them.

Thanks sparky.

[Johnboy007]

Re: Help, dont know which way to turn.

I have got loads of emails, a few of them asking specific health and safety questions. Shortly after I got suspended.

I have done a list of events from when I started to have issues with this manager. Can I upload this list and if you have question or want to see email evidence then I can send them.

Thanks sparky.

Hi Sparky,
Well the good news is, that having worked for the company for three and a half years, you can go to an Employment Tribunal if the need arises.
Now I certainly believe that the Manager has acted unlawfully on Health & safety grounds, therefore putting the company at risk of an ET hearing.
Suspension has also not been carried out in accordance to the ACAS code of practise, which although the company are not lawfully obliged to adhere too. Any compensation awarded to an employee will be increased as much as 25%.
Companies are expected to follow the ACAS code of practise.
Suspension is usually only carried out for the most serious offences. Gross Misconduct, theft or violence in the workplace, for example.
Suspension "for possible misconduct charges that may or may not of happened" is, to be quite honest, ludicrous.
Having asked the manager if specific training was required for your work, it was a reasonable request to make, as you too have legal responsibilities at work for your own health and safety.
Employer and employees have a 'Duty Of Care' for health & safety at work.

Talking to a Union Rep/Shop Steward, is your right as a Union member.
Although I cannot understand why he didn't nip this in the bud from the start off.
You stated Quote: i have spoken to the union and they have said they won't get involved until it goes to a disciplinary.
Absolutely disgraceful, that's what the bloody Union should have done, got involved and sorted it out.
What union do you belong too?

I have enclosed Three files for you to look at...
One is the ACAS code of practise for disciplinary and grievance procedures.
The other is A Health and Safety file which clearly shows what Employers are expected to do......
The section that applies to you case is.... 'provide clear information and training to employees'
The third explains what an employer must do for you.
You can upload the information you have, either here, or as a private message if you have personal data.
You certainly have a case for tribunal if the information you gave me is correct.
Regards JB:tinysmile_twink_t2:

[Sparky Swanny]

Re: Help, dont know which way to turn.

sorry JB I don't know how to send the actual emails so ill just copy and paste them into here and put a comment for the reason.


Thanks


Sparky

[Johnboy007]

Re: Help, dont know which way to turn.

sorry JB I don't know how to send the actual emails so ill just copy and paste them into here and put a comment for the reason.


Thanks


Sparky

If you want to send them by private message, just click on my username.
You will see a box 'private message'
Click on that and you can copy and paste info into that.
It will save your post to your 'sent folder'.
I should get your message in my 'in folder'
Regards JB

[Sparky Swanny]

Re: Help, dont know which way to turn.

????,

Just a quick question regarding TGW cranes,

Are we classed as a TGW specialist?

Regards

Me

This email was sent about 1hr before I got suspended. we look after 7 automated cranes and it says in the TGW manual that a TGW specialized engineer changes specific parts. the manager as us as none specialized engineers changing these parts. He never responded.

[Sparky Swanny]

Re: Help, dont know which way to turn.



Hi ????,

We have had 2 limit switches broken on the green Mace lift due to the trolley not pushed in all the way.

Are we ok to replace these switch’s with no specific training on the lift?

Regards

Me



This is the email I have already mentioned. he didn't reply.

[Sparky Swanny]

Re: Help, dont know which way to turn.

Hi ????,

I Have completed the harness and height training this morning with ????.

I would like to know the following,

· Are we ok to Anchor to the rungs of the ladder for use as fall arrest?
· I understand that ???? is trained in Training us how to USE the Rescue equipment, but does he need any specific training to train us for working at height on the cranes?
· My Harness was taken away for testing, when will I get it back as I will need it for any working at height?

I would just like to say what a good job ???? does when he is training, Thanks ????.

Regards

Me

He didn't Know the answer to point 1, he said that he would get back to me about the answer to point 2 (he never as) and told me that there is only going to be 1 harness for everyone to share ( My understanding is that PPE is issued free of charge to everyone.)

[Sparky Swanny]

Re: Help, dont know which way to turn.

Me,
I have received several emails from you over the past week or so that I have not yet had time to answer.
I feel that we need to go over these to answer any questions that you may have.
I also have some other issues that I need to talk to you about and so I will invite you for a sit down tomorrow while you are on shift to discuss further.

Regards,

This was the meeting when he told me that "we will stick to the questions that he is asking and I can ask them on a email or something". there was no discussion, it was all to do with what he wasn't happy with.

[Sparky Swanny]

Re: Help, dont know which way to turn.

Hi ????,

Thanks for the meeting earlier and I have now signed all the RA/SWP that I could see that were outstanding.
As we spoke about in the meeting, can you please let me know if SDI recognize my qualifications to cover these “Competent/Trained” and which ones.

SWP031 – Only competent/trained.
BM011 - Only competent/trained.
BM012 - Only competent/trained.
GEN023 - Only competent/trained.
RA002 – Only competent/Trained.
RA003 – Only competent/Trained.
RA007 – Only competent/Trained.
RA010 – Only competent/Trained.
RA011 – Only competent/Trained.
RA012 – Only competent/Trained.
RA008 – Only competent/Trained.
RA005 – Only competent/Trained.
RA004 – Only competent/Trained.
RA015 – Provided with appropriate training.
BMG0013 – All persons must be trained in the use and set up of the equipment.
BMG0023 – All persons must be trained in the use and set up of the equipment.
BMG009 – Trained persons in manual handling.
BM0011 – All persons must be appropriately trained.


Regards
Me

This email was sent after I had an accident at work and on my return I was told to sit down and do nothing else until all the RA/SWP and TBT were completed. he wouldn't give me a answer and told me that they needed signing and that I needed to take the owners of them. I said that I understand that I need to sign them but can he still let me know the answer to my question, he still hasn't replied to this email.

[Sparky Swanny]

Re: Help, dont know which way to turn.

????,

This is the list of RA,SWP that I have already signed and that I have questions about, that you have requested. I have given the document number, the reason for the question and the questions I would like to ask.


RA002 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA003 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA007 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA010 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA011 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA012 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA008 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA005 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA004 – Only competent/Trained – Do I need to be trained or am I ok sign without any specific training?
RA015 – Provided with appropriate training – Do I need to be trained or am I ok sign without any specific training?
BMG0013 – All persons must be trained in the use and set up of the equipment – Do I need to be trained or am I ok sign without any specific training?
BMG0023 – All persons must be trained in the use and set up of the equipment – Do I need to be trained or am I ok sign without any specific training?
LYM100 – Refers to other RA/SWP with regards to " Only competent/Trained” – Do I need to be trained or am I ok sign without any specific training?
LYM0101 – Refers to other RA/SWP with regards to " Only competent/Trained” – Do I need to be trained or am I ok sign without any specific training?
LYM0102 – Refers to other RA/SWP with regards to " Only competent/Trained” – Do I need to be trained or am I ok sign without any specific training?
LYM0104 – Refers to other RA/SWP with regards to " Only competent/Trained” – Do I need to be trained or am I ok sign without any specific training?
BMG009 – Trained persons in manual handling – Do I need to be trained or am I ok sign without any specific training?
BM0011 – All persons must be appropriately trained – Do I need to be trained or am I ok sign without any specific training?


From the RA/SWP that I have looked through, these are the questions that you have request as a matter of urgency.

As mentioned in a previous email, there is no job that I feel that I can’t competently perform. Does this make me competent?

Regards

Me

this was the email before he called me into a meeting. I didn't get a reply to this email.

[Sparky Swanny]

Re: Help, dont know which way to turn.

????,

I have noticed that the communication between us hasn’t been very good just lately and it’s got to a point that it needs addressing.

The following points are what I want to discuss if it would be possible to come in and attend a meeting with yourself,

· Training
o Lack of training compared to others on the skills matrix.
o Certain training that is being given and think that I should have been on.
· Attitude
o Unapproachable (not used to be).
o Not returning my phone calls or responding to my text when I was off sick.
o Receiving a unwanted text message that could of waited until my return to work.
· Communication
o Not asked to do extra engineering Jobs when others are.
o Not asked to do overtime when others are.
o Not following up on requests that I have asked for or taking unnecessary time to get back to me.

This is not the outcome I am looking for as it looks like I am being negative and dragging other people down with me.

I could do with this resolving ASAP so we can move on.

Regards

Me

He got back to me with a meeting date and called in his manager. he told his manager a pack of lies in which I told his manager that he was lying, his manager turned to me and said that he doesn't think that he would lye....the meeting ended with the pair of them telling me put up and shut up (not in them words)

[Sparky Swanny]

Re: Help, dont know which way to turn.

I also have sent an email requesting a meeting before, which he never responded. (still need to get that evidence)

Thank you for your time JB its much appreciated.

[Johnboy007]

Re: Help, dont know which way to turn.

Hi Sparky,
Regarding PPE,
An employer cannot ask for money from an employee for PPE, whether it is returnable or not. This includes agency workers, if they are legally regarded as your employees.
If employment has been terminated and the employee keeps the PPE without the employer’s permission, then, as long as it has been made clear in the contract of employment, the employer may be able to deduct the cost of the replacement from any wages owed.

An employer has a legal duty of care for his/her employees.
Your employer has a 'duty of care' to ensure, as far as possible, your health, safety and welfare while you're at work. They should start with a risk assessment to spot possible health and safety hazards.
They have to appoint a 'competent person' with health and safety responsibilities usually one of the owners in smaller firms, or a member of staff trained in health and safety.

Have a look at the files below which cover PPE and 'working at heights'

Regards, JB

[Sparky Swanny]

Re: Help, dont know which way to turn.

Hi JB,

thanks for all the help mate but could do with a bit more advice if you don't mind.

I have been for two interviews that look really good and if I get a job offer from them, I don't know what to do with this situation as I don't just want to walk away from it.

Thanks

Sparky

[Johnboy007]

Re: Help, dont know which way to turn.

Hi JB,

thanks for all the help mate but could do with a bit more advice if you don't mind.

I have been for two interviews that look really good and if I get a job offer from them, I don't know what to do with this situation as I don't just want to walk away from it.

Thanks

Sparky

Hi Sparky,
Sometimes it is better to count your chickens mate, or as they say, 'a bird in the hand'.
Walking away with another job is OK.
I understand your point about walking away, but if you don't, is it going to make any difference.
Take the new job Sparky, if it is offered to you.
Regards,
JB