Rank: Forum user
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If under MHSAR regulation 7 a company must have access to competent health and safety advice, If the company then decides to make the health and safety officer redundant is that illegal?? As they are supposed to make the job redundant not the person???
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Rank: Super forum user
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Competent advice? Many firms use consultants or consultancies rather than having someone on the books as a salary.
So in answer to your question no, not illegal to make the position (and by inference the person) redundant. But if there are friends at site to keep an ear open regarding a new starter - problem is that if they are disposing of the person the replacement will come with a slightly different job title within the first two years so not in breach of redundancy rules.
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Rank: Super forum user
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Competent advice? Many firms use consultants or consultancies rather than having someone on the books as a salary.
So in answer to your question no, not illegal to make the position (and by inference the person) redundant. But if there are friends at site to keep an ear open regarding a new starter - problem is that if they are disposing of the person the replacement will come with a slightly different job title within the first two years so not in breach of redundancy rules.
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Rank: New forum user
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I will be made redundant in a few months time and have just joined IOSH so first post.
The company is based in Holland with a UK group of workers. I have been asked if a Dutch colleague could take on my UK health and safety responsibilties as well as his Dutch Arbo responsibilties.
Does anyone have any clue?
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Rank: Super forum user
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Gpat70 wrote:I will be made redundant in a few months time and have just joined IOSH so first post.
The company is based in Holland with a UK group of workers. I have been asked if a Dutch colleague could take on my UK health and safety responsibilties as well as his Dutch Arbo responsibilties.
Does anyone have any clue?
If it's the company asking the answer should be no and then send a report stating everything you do and the reasions why it would be difficult. Unless you want to be made redundant then the answer is yes.
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Rank: Forum user
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ACESAFE wrote:If under MHSAR regulation 7 a company must have access to competent health and safety advice, If the company then decides to make the health and safety officer redundant is that illegal?? As they are supposed to make the job redundant not the person???
I'm going to give two answers one is my understanding from a H&S point of view and one from an HR point of view.
As Roundtuit says they can still meet the requirements of MHSAW Regs by utilising the services of a consultant rather than directly employing someone so no illegalities in that respect although you could (not sure how successful it would be) use regulation 8 as an argument in that "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."
However, from an HR perspective, if the employee is employed in a role specifically where they deal only with health and safety and the reason for the redundancy is that the company intend to outsource this function to an external company there maybe a argument that it is acutally a TUPE situation rather than a redundancy one. If you want to provide more details by private message I would be happy to offer you further guidance on this element.
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Rank: New forum user
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Invictus wrote:Gpat70 wrote:I will be made redundant in a few months time and have just joined IOSH so first post.
The company is based in Holland with a UK group of workers. I have been asked if a Dutch colleague could take on my UK health and safety responsibilties as well as his Dutch Arbo responsibilties.
Does anyone have any clue?
If it's the company asking the answer should be no and then send a report stating everything you do and the reasions why it would be difficult. Unless you want to be made redundant then the answer is yes.
Thanks, the answer is yes because I want to be based back in the UK. I will of course assist with a handover of my duties and tasks.
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Rank: Super forum user
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I took voluntary redundancy when I was in charge of safety, fire and security.
I negotiated a good sum and it suited me at the time.
The company also made my fireman redundant. His main role was looking after exringuishers, testing sprinklers etc.
Our replacement was given the Fireman's duties as well as the health and safety.
Not Security.
They saved a good few bob as We were both on a good salary. Much better than the replcement.
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