Posted By Ben Bishop A part time member of our catering staff is giving us concern as to their suitability to the job. They are a long standing employee who also works for the local council. Here's the thing! She is a walking accident! In our workplace she has received 4 injuries in less than a year and 3 at home that caused absence from work. After thorough investigation it came down mainly to her inability or unwillingness to heed simple instruction or just odd behaviour. She is seeking legal advice for the latest which involved trying to balance a still hot, full fat fryer on a shelf above head height, that was far too narrow, and covering herself in oil. My feeling is that it would be safer for her and her collegues if she no longer operated in this environment. Is being accident prone enough grounds to dismiss a member of staff?

Posted By Ashley Williams Ben, What David said is true either the GMB or Unison would take the case apart. Now It may be appropriate for you and the Huddersfield campus to look at the supervision. If you consider her to be a risk to other members of staff and herself where is the supervision aspect? This is not saying that you use the supervisor as a scape goat. And once again do you have all the risk assessments? It may be appropriate to consult the with the Unions on this matter before it gets any worse. Ashley

Posted By Diane Warne Ben, I sympathise greatly with your situation. Some years ago I had someone working for me who was a problem for similar reasons, and what struck a chord with me was your statement "inability or unwillingness to heed simple instruction or just odd behaviour." I know just what you mean! This was a person who had plenty of training, and the instructions were clear to everyone else, but she was stubborn, and would do things her own not-very-sensible way instead. However, as has been already mentioned, slaughter with the aid of the unions is a distinct possibility. You need sound HR advice for sure, but as has again been said, an amicable solution to avoid legal confrontations would be the least damaging option. I know it sometimes sounds as though an employer is trying unfairly to "blame the employee" for accidents, but sometimes all the risk assessments, procedures and training in the world won't prevent some people from doing exactly what they aren't supposed to, often quite bizzarely. Best of luck.

Posted By Robert Woods P.s have your bullying and harrasment policy copies of Risk assessments and safe systems of work ready monday am.

Posted By Andy Lucas Ben, I would point out Sec 7 of HASWA, she probably does not appreciate the legal requirement to look after herself and others. This usually helps. Regards Andy

Posted By Lee Bennett Apologies my last post should have read: For the original posting by Ben, ensure you have Risk Assessments, Safe Systems of Work and Training Records etc. You do not state if this lady has been absent from work due to this accident, assuming she has, have all this information ready for the HSE inspector who will be issuing at the very least an improvement notice if you havent.

Posted By Stuart Nagle Ben. Is this persons accident prone nature a new thing, or has it been on-going for some time? Have you considered that the person may be suffering from a condition that results in this accident prone nature? I recently listened to a programme on a little known condition called DISPRAXIA, which results in the kind of carelessness and accident prone nature of the person you describe. It may be worth investigating further. Stuart Nagle