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#1 Posted : 29 September 2006 09:29:00(UTC)
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Posted By RA Hi All, Following two recent dismissals in two different countries on construction sites our managers have been subject to physical acts of violence from the guys getting the sack. These 2 seperate incidents have both happened this week. Now to keep it in context it has never happened before, but today I brought it to the board and said it must be stamped out by pressing charges for any future incidents- but the powers that be in no uncertain terms said it was up to the individual!! To be honest this angers me because if it gets around that we are seen as soft touches this could become the normal behaviour from anyone getting the sack. I have spoken to the two managers that received the blows- no injuries have been sustained and they do not want to proceed any further with this. I am feeling rather on an island with this one- has anyone else ever had the same type of situation and really what can you do when you don't have the backing from the board? Now I need sensible answers here because I do not wish to lose my job. RA
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#2 Posted : 29 September 2006 09:40:00(UTC)
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Posted By The toecap All i can say is that i'm with you on this and i bet most safety bods are. Talk to the board about stress and how this can effect people. Try to show costs from recent legal stress cases.
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#3 Posted : 29 September 2006 09:43:00(UTC)
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Posted By Peter Longworth I can see your problem with regard to the board's stance but in this country at least they are quite right, ultimately it is up to the individual to decide if they wish to press charges. However there are some things that you can do. Get the board to agree to a policy of actively supporting and encouraging people to press charges if subject to violent attacks or intimidation. Provide conflict management training to all managers and supervisory staff to enable them to handle situations in a more controlled way. Ensure that security staff are present in instances where disciplinary action are dismissal are being considered. Ensure that individuals who have been dismissed are escorted from site in a controlled way
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#4 Posted : 29 September 2006 09:48:00(UTC)
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Posted By Ali Do you not have a corporate "Violence at work policy" ? Otherwise you can find information on this including legislation that you can use as "ammunition" at : www.hse.gov.uk/violence/index/.htm
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#5 Posted : 29 September 2006 10:16:00(UTC)
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Posted By RA Can the company not take legal action against an individual for violent conduct? One of the madmen was an employee and the other was a sub-contractor. Ali, that link you sent doesn't appear to exist anymore. Yes we do have the policy on violence but to be honest the victims are men have old school ideas(although one is young in years- twenties) on this type of thing- they would see it as "yellow" if they went to the cops. I have sat down with both victims and talked it all over and explained that it is unacceptable and that the policy is to be followed, but without solid backing from the board I feel like I am being a jobsworth on this one. Oooh not a good feeling for a Friday- roll on the weekend!! Thanks, A slightly demoralised RA
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#6 Posted : 29 September 2006 10:34:00(UTC)
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Posted By Cathy Ricketts Have your company considered the cost implications of having an employee off sick for weeks or months following a violent attack. It is up to the individual to decide whether to press charges. Our staff are told to call the police if they or another employee are threatened or suffer a violent attack. The company support them 100% on this and we provide additional support for employees if they have to go to court as a result of an incident where they have suffered an attack. Feelings are feelings but behaviour is a choice no matter what part of the world you are in and if an individual chooses to behave in a violent manner they should face the legal consequences.
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#7 Posted : 29 September 2006 10:48:00(UTC)
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Posted By Steve B RA, like the others I am with you on this one. You could probably go back to basics with the board and remind them (diplomatically) that they have a duty under section 2 of HASAWA for the health safety and welfare of all their employees. These assaults now make violence a forseeable hazard and the company need to take action to ensure this does not reoccur otherwise the next employee who is assaulted may take a civil action against the board for neglect. and considering it has happened twice before they would have a good case. Regards Steve
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#8 Posted : 29 September 2006 10:48:00(UTC)
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Posted By RA Cathy, I am in favour of getting charges pressed. It has come to light that one of the assailants as well as hitting our manager- he also spat in his face- and it gets worse- the guy used to be a heroin addict. I have instructed our site manager to get checked immediately- he is complying- but it took a lot of persuasion. NHS professional H&S Bods- I am seeking your assistance on this one- if there is anything you could add it would be much appreciated. RA
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#9 Posted : 29 September 2006 10:53:00(UTC)
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Posted By Jeffrey Watt RA My ex-colleagues in the US had a specific slide in their contractor induction about guns being banned from site. There would be a lot of "Awwww shucks do we have to?" complaints from a few individuals. Maybe worth revisiting your subies induction in light of this incident. Again have had same problem re violence to staff by public. We support (train before hand and provide counselling after an event) but cannot force anyone to press charges. You may suffer from the spectre of paramilitaries so you cannot force an individual to go further. Best of luck RA Jeff
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#10 Posted : 29 September 2006 11:00:00(UTC)
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Posted By Cathy Ricketts You only have to do it once or twice and it soon filters through to others that the company doesnt tolerate that sort of behaviour. Two of our employees had to go to court last year as a result of a spitting attack on one of them. In the end neither of them had to give evidence and the perpetrator was charged and served with a Protection of Harassment Order against the individual (for 99 years) and against visitng the company premises. It works
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#11 Posted : 29 September 2006 11:13:00(UTC)
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Posted By Gilly Margrave HSE defines work related violence as "Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work". Clearly if he/she/they were assaulted as a result (sacking workers) which they had undertaken in the course of their duties it would be covered even if it did not happen on or near the work premises. Gilly
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#12 Posted : 29 September 2006 11:42:00(UTC)
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Posted By RA That may be a valid point with reference to the paramilitaries in NI, but that said, the other incident happened in England and the Site Manager has the same attitude. It appears to me that some employees have the "old school" ethics of not wanting to rock the boat, when it comes to getting the cops involved with company business. This is despite the fact that I have attempted to persuade the victims to think about how it is being seen by the site operatives/subbies. But as far as preventing a further reoccurrence- this is impossible and the only way to deter a would-be offender is to press charges, as Cathy has previously highlighted. There are some among us who will always believe that they are above the law especially when they do not feel its wrath. Thanks for responses, RA
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#13 Posted : 29 September 2006 15:47:00(UTC)
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Posted By steve e ashton There MAY be another way of preventing this problem recurring - Don't sack people (in the same way) again. Why did the individuals feel the need to resort to violence - and whay didn't management foresee this response and implement appropriate countermeasures (eg interpersonal skills training for supervisors) Your 'old school' managers may simply be too direct and insenstive? I must emphasise (before nayone jumps on me for it) I am NOT 'blaming' the victims of these incidents - Lack of policy or training is a senior management failing..... Just a thought Steve
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#14 Posted : 29 September 2006 16:30:00(UTC)
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Posted By RA Steve, Thanks for your response. Unfortunately, this was not down to either management nor policy. These managers have dealt with dismissing people before, some of these I have been present for- unfortunately, when you deal with the human factor you have an unpredictability risk associated with it. No risk assessment nor policy can predict what can happen in these situations- these men worked alongside us for a considerable amount of time now and never displayed these characteristics before. My main area of concern is how these situations will be viewed by the rest of the workforce when nothing is appearing to be done to prevent it happening again other than a talk here involving the associated paperwork. I guess close monitoring and reviewing from my angle is the only answer. Thanks, RA
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#15 Posted : 29 September 2006 16:41:00(UTC)
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Posted By anon1234 Have the directors considered the possible implications the other way around that those who have been assaulted and have not been provided and reasonable level of protection or support by the company may have a case for a claim against the business - even if it is only constructive dismissal if an employee leaves because the business are seen to some extent condone the violence by their inaction
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#16 Posted : 29 September 2006 16:59:00(UTC)
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Posted By RA Directors have contacted the individuals, that have been assaulted, and asked about if they were ok and if they wished to press charges. Both men, as I said before are old school, even though one is young and they have a strange attitude- no stitches- no charge- madness or what?? RA
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#17 Posted : 01 October 2006 21:15:00(UTC)
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Posted By Stuart James Gornall RA I verbally challenged an employee on a significant breach of safety rules in the summer and was subsequently physically attacked. I am pressing charges and the person in question is being prosecuted. You are absolutely right to raise this issue. Our job is hard enough without being subjected to physical violence. Your Companys attitude is quite astounding. Due to the lack of support my advice would be to look for another job
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