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firesafety101  
#1 Posted : 12 February 2019 12:23:13(UTC)
Rank: Super forum user
firesafety101

Hi, some of you may remember me discussing my friend's application to work in a Specialist Fire Management Team, Casual Work for a well known football club.

He got the job and hasn't missed a match ever since October, not watching the games you understand, he does not support that team but does support their 'mortal' enemies.

The Fire Team didn't get going as intended and he was placed among the Safety Stewards who have received basic fire training, but the new Fire Team members are all retired or serving FRS who all have extensive fire experience.  This is where the problem lies.

The intention was to employ 'off the shelf' experienced men and women who have another 'level' because the H&S Manager knew he needed 'Something Better'.

Well he got 'Something better' and others at the club didn't like that.  The Maintenance Department were suddenly being called upon to carry out repairs which had been ignored in the past, fire doors damaged or kept open/unlocked, rooms with combustible storage up against electrical equipment, essential electrical equipment not secured, fire stopping compromised - I could go on.

My friend was often asked if he had nothing else to do but report maintenance issues.

Yesterday my friend was informed he won't be offered any further shifts, no reason given however this followed two occasions when he was taken to one side and questioned about his reports and told Means of Escape is not his responsibility.

My friend believes he has been "fired" because of the fire and safety reports he had made, all in writing by the way.

My question is this.  Does anyone here have any experience of Whistleblowing and the rules protecting a whistleblower from being dismissed.

fairlieg  
#2 Posted : 12 February 2019 13:19:20(UTC)
Rank: Forum user
fairlieg

How was your friend employed.

Was he a fully employed employee or a contractor?

specifically your friend should have a read of Part X of the Employement Rights 1996 and Part IVA Public Interest Disclosure Act 1998 

They should then get some advice from ACAS or a solicitor who spscialises in employment law, like the ones the trade unions use.

Edited by user 12 February 2019 15:39:31(UTC)  | Reason: Not specified

thanks 2 users thanked fairlieg for this useful post.
A Kurdziel on 12/02/2019(UTC), firesafety101 on 12/02/2019(UTC)
firesafety101  
#3 Posted : 12 February 2019 15:37:59(UTC)
Rank: Super forum user
firesafety101

Originally Posted by: fairlieg Go to Quoted Post

How was your friend employed.

Was he a fully employed employee or a contractor?

specifically your friend should have a read of Part X of the Employement Rights 1996 and Part IVA Public Interest Disclosure Act 1998 

The should then get some advise from ACAS or a solicitor who spscialises in employment law, like the ones the trade unions use.

My friend was employed as a Casual Employee on a contract that will end and renew after the football season has ended.  It is usual for all casual worker's contracts to be renewed.

I've looked at the documents you suggested, great advice thank you.  I think the next step will be ACAS then maybe a Solicitor. 

Many thanks fairlieg.

MikeKelly  
#4 Posted : 12 February 2019 15:40:42(UTC)
Rank: Forum user
MikeKelly

Hi Fire safety 101,

In addition to Fairlieg's options contact Protect [Public Concern at Work]

Their objective is to assist whistleblowers. Find the organisation on Google.

Regards

Mike

thanks 1 user thanked MikeKelly for this useful post.
firesafety101 on 12/02/2019(UTC)
firesafety101  
#5 Posted : 12 February 2019 16:19:29(UTC)
Rank: Super forum user
firesafety101

Hi Mike, thank you.

I just called ACAS and received loads of great advice.

Greivance procedure could work if not Employee Tribunal.

ACAS provide free service and there are No win No fee solicitors out there.

I'll keep you all informed.

PIKEMAN  
#6 Posted : 12 February 2019 17:42:46(UTC)
Rank: Super forum user
PIKEMAN

Inform the local Fire and Rescue service, they should inspect and enforce the RRFSO

thanks 1 user thanked PIKEMAN for this useful post.
firesafety101 on 13/02/2019(UTC)
teleworm1337  
#7 Posted : 12 February 2019 19:45:22(UTC)
Rank: New forum user
teleworm1337

In addition to Fairlieg's options contact Protect [Public Concern at Work] Their objective is to assist whistleblowers. Find the organisation on Google. GBWhatsApp

thanks 1 user thanked teleworm1337 for this useful post.
firesafety101 on 13/02/2019(UTC)
firesafety101  
#8 Posted : 13 February 2019 11:27:29(UTC)
Rank: Super forum user
firesafety101

Good morning all.  Thanks for the further comments.

ACAS advised I write to the football club with three points.

1. What I am not happy about, 2. Why I am not happy and 3 What I want.  That letter will be posted later today first class to be signed for.

Greivance procedure was suggested but the policy of the employer is that does not apply to casual workers, hence straight into the letter, with 7 days to reply before considering further action.

ACAS provide a mediation service whereby they have telephone conversations with both parties in an attempt to get agreement.  If that fails it will be Tribunal.

If I fail the FRS is in my mind but that will be decided later if I'm still angry.

During the course of my attendances over the past few months I was informed that fire risk assessments had been carried out and everything was found to be up to date.  I did wonder at the time who did them and what were their qualifications.  I know they do some assessments using a PC based software (COSHH) and now think FRAs may be done on similar software.  This could be the reason they are getting annoyed with me for raising issues.

A mate of mine who also works there sent me a photo of two Chimps, one said to the other

"You pi--ed off a lot of people today, what did you do?"  The other Chimp answered

"I told the f-----g truth". 

That sums up the issue methinks.

I hope the Mods allow that, apologies if not.

Elfin Davy 09  
#9 Posted : 13 February 2019 11:53:19(UTC)
Rank: Forum user
Elfin Davy 09

..Don't you mean that "your friend" wrote to the football club ???  ;-)

Elfin Davy 09  
#10 Posted : 13 February 2019 11:57:11(UTC)
Rank: Forum user
Elfin Davy 09

...and do Mods still exist ???

Mr Insurance  
#11 Posted : 13 February 2019 12:27:32(UTC)
Rank: Forum user
Mr Insurance

Also have a look at https://www.gov.uk/whistleblowing.

The law doesn't just apply to employees - it should protect you as a "worker".

Zyggy  
#12 Posted : 13 February 2019 12:45:16(UTC)
Rank: Super forum user
Zyggy

Slightly off the question you posed, you may wish to look for similar employment at another Premier League Club just down the East Lancs who also play in red!

I'm not sure if there are any current vacancies in the Fire Team, but we are always looking for good Stewards & I know that they "borrow" some of my team who have the requisite experience when necessary.

Zyggy (Deputy Head Safety Steward)

thanks 1 user thanked Zyggy for this useful post.
firesafety101 on 13/02/2019(UTC)
firesafety101  
#13 Posted : 13 February 2019 16:59:04(UTC)
Rank: Super forum user
firesafety101

Originally Posted by: Elfin Davy 09 Go to Quoted Post

..Don't you mean that "your friend" wrote to the football club ???  ;-)

DOH !!!!

firesafety101  
#14 Posted : 13 February 2019 17:02:51(UTC)
Rank: Super forum user
firesafety101

Originally Posted by: Zyggy Go to Quoted Post

Slightly off the question you posed, you may wish to look for similar employment at another Premier League Club just down the East Lancs who also play in red!

I'm not sure if there are any current vacancies in the Fire Team, but we are always looking for good Stewards & I know that they "borrow" some of my team who have the requisite experience when necessary.

Zyggy (Deputy Head Safety Steward)

Why thank you Zyggy, for the job offer even though I have been sacked from a similar position.  I would consider your suggestion but there are too many miles for me to travel, a position within your Safety Team may tempt me however.

watcher  
#15 Posted : 13 February 2019 17:27:32(UTC)
Rank: Forum user
watcher

So, once I managed to get through all the "hilarious" friend stuff, the upshot is you were employed on a casual contract, and your contract hasn't been renewed.

You don't know the reason, but you're guessing its because you offered Health & Safety advice

You maybe should make sure that was the reason before you start down the routes of grievances, complaints, reporting, etc.

Maybe you didn't fit in, maybe you rubbed others up the wrong way, maybe you were cut out for it.  There are plenty possible reasons.

firesafety101  
#16 Posted : 13 February 2019 17:53:29(UTC)
Rank: Super forum user
firesafety101

Originally Posted by: watcher Go to Quoted Post

So, once I managed to get through all the "hilarious" friend stuff, the upshot is you were employed on a casual contract, and your contract hasn't been renewed.

You don't know the reason, but you're guessing its because you offered Health & Safety advice

You maybe should make sure that was the reason before you start down the routes of grievances, complaints, reporting, etc.

Maybe you didn't fit in, maybe you rubbed others up the wrong way, maybe you were cut out for it.  There are plenty possible reasons.

Hi watcher, apologies for any confusion I caused but happy you saw the funny side, as I intended.

I am in mid contract but told I will not be offered any more shifts.  No reason given, I did ask but they are not obliged to say.

I do fit in with the H&S Officer who employed me but not with the people who have to respond to my reported deficiencies, i.e Maintenance Dept.  While their boss agrees with my findings, albeit eventually after some explaining, one of the maintenance lads asked me if I had nothing better to do.  I was doing my job and they don't like it.  They are rubbed up the wrong way as you suggest but isn't that typical of the introduction of new health and fire safety people.  I do have a friend who works in the same team as me and he agrees with everything I find and report,  I may have written this earlier but my boss is retired fire service and is the H&S Officer.  He explained to us he had a concern and wanted 'something better' so he has employed retired fire officers who are 'off the shelf', well experienced and competent.  I believe that is where the problem lies.

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