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Posted By Paul Abbott
Fellow members,
In the event of a company restructuring or down-sizing, in general who goes first?
Is the health and safety advisor seen as an easy target?
Regards,
Paul.
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Posted By Ron Young
From experience,
Training & Development, design/new products, and then Env/H&S/quality in equal proportion. The changes in the Management Regs tend to add clout to any H&S redundancy argument you may have.
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Posted By Jim Walker
Redundancy is the loss of the job position (not the person), otherwise there are grounds for unfair dismissal.
There is a legal requirement to have a H&S Advisor. So unless there is more than one in your company, you should be the last on the list.
However in the real world............
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Posted By Claire E
I wouldn't say easy target - I would say there are roles that tend to be combined when costs need to be saved - health and safety included
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Posted By Gavin Gibson
The legal requirement is to have appropriate, competent health and safety advice available. There is no requirement for this to be in-house. However, all support and indirect personnel are prone to jobs being merged and redundancy. But then who am I to speak, as an HSE, Security and Facilities Manager
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Posted By Robert M Edwards
It does seem to be Training in house personnnel followed by Health and Safety as both areas are available as outsourced services.
Saving money on staff costs is often advised by business consultants as a first leg of movement into profitability.
Choice as to personnel needs to be considered in line with redundancy issues and legislation.
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Posted By Robert M Edwards
In the posting above I do mean choice of job roles but the majority of job roles apply to one person only in the role of training and health and safety.
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Posted By Jay Joshi
Regulation 7 (8) of the "Management of Health and Safety at Work Regulations 1999" does strat:-
"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"
The guidance to Regulation 7 states
"When seeking competent assistance employers should look to appoint one or more of their employees, with the necessary means, or themselves, to provide the health and safety assistance required. If there is no relevant competent worker in the organisation or the level of competence is insufficient to assist the employer in complying with health and safety law, the employer should enlist an external service or person"
There does nor appear to be case law this, but may provide support for a tribunal decision.
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