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Davejnr  
#1 Posted : 28 April 2010 10:46:26(UTC)
Rank: New forum user
Davejnr

Hi

Wonder if anyone can help. The company I am working for is relocating to a new site and as I work in the Facilities department they our outsourcing this to a 3rd party.

I am currently the only health and safety officer that works for them and I have been told that I will not have a position in the new building and so I need to be part of the TUPE negotiations. However, there is the possibility that the new company will not take us on, so basically I will be made redundant in a few months time when they relocate.

Anyhow, in the new building they will have only 2 facilities posts both managerial and one of these will be responsible for HS but not as their main role and and if I wanted I could apply for this post.

My question is does anyone know where I would stand legal sense with them getting rid of a full time health and safety position and incorporating it into a position that will be dealing with other facilities issues not solely HS.

Grateful for some advice if anyone can help.

Thanks
David
wazimu0  
#2 Posted : 28 April 2010 14:19:42(UTC)
Rank: Guest
Guest

Hi Davejnr

Sorry to hear about your predicament.

Would think the first step is to check Regulation 7 of the Management Reg's
http://www.opsi.gov.uk/si/si1999/19993242.htm#7

Does the persons that your company are thinking of using, meet the requirements of competent e.t.c.

GP
wazimu0  
#3 Posted : 28 April 2010 14:34:49(UTC)
Rank: Guest
Guest

Also note Reg 7, Para 8.

"Where there is a competent person in the employer's employment, that person shall be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.
pete48  
#4 Posted : 28 April 2010 18:06:33(UTC)
Rank: Super forum user
pete48

Dave, there is no legal requirement for an employer to have a full time in-house H&S position. It is very common, in all sorts of sectors and industries, for a line manager to have the H&S brief as part of their role. If you want to stay with them I would look carefully at the job on offer and if you think you can do it, go for it. Full time H&S positions are like hens teeth at the moment!

P48
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