could i loose my job contacting enviromental health?

[laingy]

hi all,

i have worked for a catering franchise within a dept store for 16yrs.

10 days ago our boiler broke.we have been carrying large amounts of boiling water in buckets all around the kitchen as the boiler feeds the dishwasher so that dont work.

Apart from the girls having a bad back leaning over sinks all day,there,s no hand washing facilities either.

As health & safety rep they have been coming to me complaining.

 

As the store is responsible for the boiler,they have been getting quotes for a new one.

However they have been looking for a cheaper price of course.

Friday I went into work and one of the girls told me she had twice nearly slipped carrying the buckets of hot water.

 

I had a meeting with the area Health&safety officer a couple of years ago when i was elected.

She told me that at anytime if I wanted any advice or info to give her a call.

So after the girls telling me she nearly fell,we all felt after 10days of working in these conditions there must be something we can do.

 

Having never been told of company policies or procedures or who to go to to try and push this along,I decided to ring for advice to the HSO.

Within an hour they were in the building.

 

My intensions were never done maliciously,I was only covering my back as H&S rep and to ensure my working collegues are not at risk .

 

My bosses are not happy with me.I rang area manager this morning to explain and apologise.He was very nice and appreciated the call.BUT WILL SPEAK TO ME MONDAY.

I am worried that i may loose my job for maybe not acting in the companies best interest.

ALTHOUGH I WAS ACTING AS I THOUGHT IN MY WORKERS BEST INTEREST.

Apparantly a new boiler is coming Monday now!

ANy thoughts please guys?

[my-spirit-soars-free]

Who were you told to raise health and safety issues with? Had you raised the question with your boss? Or are you the senior person on site?

 

If you only phoned for advice, as you did not know what to do next, then I would have thought it was reasonable, after all, you need to get information on the role from somewhere.

[laingy]

hi,

i am not senior person on site.

my catering manager is on holiday for a few days.

my acting assistant manager was there,she new i was ringing as it was here that nearly slipped the day before.

I dont recall anyone telling me who to raise issues with has i have never had to before.

 

After speaking on the phone today to new area manager,he assured me we can go to him as well,which i probably should of done.

but the whole point is he thought it was sorted out he said and was not aware it had not been.

i also could of gone to the store manager but she also kept saying,"its in hand",were doing all wecan.

Thats why i thought well no-one seems to be getting very far.i,ll ring hso.

OR WOULD THEY HAVE WAITED FOR AN ACCIDENT TO HAPPEN and then come to me and say "you could see how bad things were,why didnt you pursue this".

Thats what i didnt want to happen,so i felt i covered my back by ringing them.

however will i now pay the price for caring for my fellow workers.!!!!!!!

[my-spirit-soars-free]

I would certainly have wanted my health and safety rep to act as you did, you had raised it with your manager, and the store manager, and they had not done anything to change what was happening.

 

As health and safety rep you have a responsibility to your colleagues, and as you did not know what to do next you rang the only number anyone had ever given you in case of problems.

 

It sounds perfectly reasonable to me!

[laingy]

lets hope that they see it that way!!!!!

i think that the way they are looking at it is;you have not acted in the companies best interest and you could have got us closed down!!!!

we,ll see monday.

thanks for your interest.

[my-spirit-soars-free]

Have a look at this, it tells you what you should do as health and safety rep:

 

Health and safety representatives : Directgov - Employment

 

Notice that there is a bit at the end where it tells you to ring the helpline for any health and safety issue - was that who you rang?

[honeybee13]

Hi Laingy, sorry to hear about your problem. I agree with what's been said.

 

It might be worth a read of the HSE website as well. Let me know if you can't find it and I'll post a link.

 

HB x

[mariefab]

When you called the HSE you made a Protected Disclosure.

 

The assistant manager was the person who nearly slipped.

The Catering manager was aware of the problem as, even though s/he is currently on holiday, the situation has been ongoing for 10 days.

The store manager kept saying 'it's in hand'.

The area manager was aware of the problem and thought it had been sorted out.

 

So, that certainly covers any requirement that your employer should be informed of the issue.

 

You have protection under the Employment Rights Act.

Check out sections 43B, 43C, 43F, 43G, 43J and 43L.

 

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1996/cukpga_19960018_en_6#pt5-l1g44

 

Also, as a health and safety rep, you have specific added protection under the act.

 

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1996/cukpga_19960018_en_7#pt6-pb1-l1g55

 

So, unless your area manager just says, 'Thank you very much' on Monday; you might like to bring this legislation to his attention.

[laingy]

a massive thankyou to you all,i feel alot better now going in there this morning.!!!!!

i have printed alot of this info off so i can take it with me,if need be

i will produce it .

as it stands i am protected!!!!!

thankgod ! and all you guys once again.

shall let you no later how i got on.

cheers

laingy

[borisbeaver]

You are also covered by the whistleblowing law.

 

Protection of Whistleblowers

[laingy]

hi all,

was told at 8.45am that manager wanted to speak to me in office,but she made me wait unit 1.45 just before my shift finished.

 

however i explained my reasons etc for acting as i did.was asked a few questions.had to sign the statement.basically was told that they accept my reasons and me being niave(if you like) to company policy and if that situ arose again would i handle it differently.

well of course i would,i said.

however i also told them that i resign from h&s rep as i would not put my own job in jeopardy again.as she told me if they had closed us down that would of been the case.

anyway im safe,and apparantly no more will become of this!!!!

thanks all again for help & support.

laingy

[Bigredbus]

Well done... and good luck...

 

However, I would say that you should keep all documentation related to this incident...

 

[honeybee13]

Hi there, I'm pleased for you. Take care. HB x