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Posted By Andrew Meiklejohn
I have been asked to advise on a peculiar situation involving a non-union safety rep...allegedly elected under consultation with employees regs... although no documentation exists to clear this up.... although their name appears on numerous documents meeting minutes, inspections audits etc.
The role was not that of a normal rep. They were also expected to perform induction, refresher, training, workstation assessments, risk assessments as well as their normal duties.
The rep was employed by an agency but was expected to do the risk asssessments for the employer and client
said rep made an informal complaint about safety issues and then 3 formal requests over a period over 3 months to see the full safety policy for said company which was not forthcoming.
I have a feeling the policy was withheld due to the fact it indicated staff would have been entitled to free BUPA healthcare..
The rep was then accused of bullying and intimidation by the Human resources manager and then disciplined and they tried to remove them from their position as a rep...
However my question is can an employer remove a representative from their position as an elected rep? If the bullying and intimidation claim was accurate then tthey could have terminated his contract,
My feeling is that the only people that could remove him from his position as a rep would be his electorate at the end of his term or himself by resigning his position.
Your advice would be greatly appreciated
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Posted By RP
Reading your post it would appear that the employer was looking for a 'free' health and safety advisor, rather than a 'rep'.
No, the employer cannot remove an elected staff member as a voted in representative. but they need not pay them any due as they are not appointed into position by a union. But, it would appear that they have recognised the fact that the rep position exists and should therefore take on-board what is said.
The rep was voted in to oversee the health, safety and welfare arrangements set out by the employer and to represent the employees on matters relating to working practices.
Employers should not take opportunity not to appoint a competent health and safety advisor by using the 'rep' to conduct assessments of risks, this could place the rep in an awkward position.
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Rank: Guest
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Posted By Andrew Meiklejohn
I would agree with the 'free H&S advisor', mind you it would also put both companies in a bind if there was an accident and the risk assessments weren't up to scratch... wouldn't the rep have indemnity from prosecution?
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Posted By Pete48
Andrew,
The regs are all about consultation. Employers have a duty to consult all employees but they freely choose how they do it (in non unionised organisations).
One way is to use "reps of employee safety" and these are often elected, albeit often by a nod and a wink at the canteen table or last out of the canteen gets the job!!
However the HSE guides do clearly state that " consultation does not remove the right of managers to manage – they must still make the final decision – and does not require managers and workers to agree. It does, however, oblige managers to seek and listen to the views of workers before decisions are taken."
As this situation has become one of confrontation and not consultation it clearly needs to change for the sake of all other employees. The company appears to have made a decision about how it will change. Perhaps a representation from all those "electors" might help if they feel that this person is the right one to represent their views?
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Rank: Guest
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Posted By Andrew Meiklejohn
Thanks Pete would agree that management have no obligation to follow a reps advice.
Like the idea about about getting a 'vote of confidence' from the electorate. but as you say it appear the company has chosen a different way to deal with health and safety issues and i don't think vocal support would go down well...
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Posted By John Murgatroyd
Funny old set-up.
Mind you, most small companies safety rep is a management member....elected by the workforce on a "what you gonna do then" basis.
Mind you, it could be worse. They could have a H&S consultancy to do the job.
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Rank: Guest
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Posted By Dave Faragher
Hi Andrew,
Seems a bit strange. surely the workforce representative has the right to see the Health & Safety policy in common with any other employee, agency or not. My advice is to get round a table and sort it out through consultation and negotiation.
Good Luck hope this helps,
Davey
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