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FlashingBlade  
#1 Posted : 26 June 2020 16:53:34(UTC)
Rank: Forum user
FlashingBlade

We have an employee who clearly has a grievance with the company and has openly said that he wants to report us to the HSE, only he doesnt have a specific issue or complaint and he's actively trying to find deficiencies in our documentation so that he forward them on to the HSE as a complaint. This has been going on for about 8 months and so far hes tried with our workpalce transport arrangements,  COVID management (risk assessment and management controls), then he moved on to our confined spaces management and again wanted to see the assessment of the confined spaces and the management thereof. Having found nothing to go at he's now asked for a copy of the fire risk assesment. 

As a company, we've invitied him to discuss any concerns he has so we can address them (he declined) and reminded him of his responsiblity to highlight deficiencies we may have missed so we can work together to improve the workplace but its clear he has an unknown motive that he's not willing to discuss with us. 

So the question becomes, do I have to give him a copy of the assessment knowing that he wants to take it away to try and find issues with it or could I just make it available to him without permission for it to leave site or to take a physical copy (i.e. company intellectual property)? Normally, I'd be happy to share anything with an employee but when someone is so clearly trying to work against the interests of the business it becomes extremtly difficult to foster a culture of 'working together' 

Roundtuit  
#2 Posted : 26 June 2020 17:04:40(UTC)
Rank: Super forum user
Roundtuit

I would provide them with a copy of their contract and the company procedures covering grievance, employee consultation and whistleblowing.

Book them an appointment with HR to discuss why they are not following their contractual obligations - "whistle blowing" defence only works if the employee has tried to engage with the business not run directly to the regulator - and then point out that vexacious accusations consuming management time are misconduct.

Roundtuit  
#3 Posted : 26 June 2020 17:04:40(UTC)
Rank: Super forum user
Roundtuit

I would provide them with a copy of their contract and the company procedures covering grievance, employee consultation and whistleblowing.

Book them an appointment with HR to discuss why they are not following their contractual obligations - "whistle blowing" defence only works if the employee has tried to engage with the business not run directly to the regulator - and then point out that vexacious accusations consuming management time are misconduct.

FlashingBlade  
#4 Posted : 26 June 2020 17:17:37(UTC)
Rank: Forum user
FlashingBlade

Ultimately that may be the way this has to go as I'll be honest and say its starting to feel like harrasment for me and my team rather than any constructive criticism of the way the business is operating. I suppose I'm still trying to compromise and find a half way solution rather than just confronting the issue head one. 

Roundtuit  
#5 Posted : 26 June 2020 20:00:14(UTC)
Rank: Super forum user
Roundtuit

Roundtuit  
#6 Posted : 26 June 2020 20:00:14(UTC)
Rank: Super forum user
Roundtuit

Ian Bell2  
#7 Posted : 27 June 2020 08:16:22(UTC)
Rank: Super forum user
Ian Bell2

As per other, remind him of the company grievance procedure / how to flag up h&s issues. Ensure he has received the legally required training for his job - significant findings of risk assessments, fire emergency action etc.

Unless he can show he is competent in the subject matter, then I wouldn't let him have the full copies of confined spaces/fire risk assessments etc, its not for him to pick holes in RAs for the sake of it.

stevedm  
#8 Posted : 28 June 2020 06:10:20(UTC)
Rank: Super forum user
stevedm

We have had a couple of these mainly wanting you to dismiss them so that they can go for unfair dismissal...They have liked the working from home or furlough and want a payout...I am normally quite sympathetic to concerns and anxieties but there is a point where it becomes resource draining...
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