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cerisa  
#1 Posted : 14 July 2021 06:34:18(UTC)
Rank: Forum user
cerisa

Morning all, 

Need some advice, am i thinking too deep or is it straight forward? 

I am employed by 1 company. I was going to update the HSP however it came to light we dont all work for the same company. Theres a workshop which is joinery, then theres construction who im employed by. Then theres an 8 person company. All these companies have 5 or more employees. In total we have 100+ employees, J&C have joint venture insurance and smaller has its own insurance. All work from the same building.  Theres no overall group company. All companies are entwined by one another on there tax returns (if that makes any difference) The building is owned by a pension fund, and Construction pays to the PF. The other 2 pay to Construction.

So my questions are, do i need to be officially appointed by the 2 other companies, so that i can do their HSP and look after them (my predecessor didnt touch anything as the roles changed, he was just quaility, whereas im quality & safety) The responsibility chain will differ on all 3 companies.  

Do i need to do anything with regards to the pension fund acting as the landlord? 

If it helps

Construction started 1993, Joinery was 2006, Surfaces the smaller co was 2017

Everyone used to work for Construction at one point. 

is there anything else i should be looking at whilst im digging into this issue

Roundtuit  
#2 Posted : 14 July 2021 07:34:23(UTC)
Rank: Super forum user
Roundtuit

What does it say on the respective salary/pay slips and contracts of employment? You are looking to see a consistent name as example my contract is with ABC Ltd, my salary is paid by ABC Ltd and the employers liability is in the name of ABC Ltd.

Companies house can be quite enlightening https://www.gov.uk/get-information-about-a-company

especially when you look at the People Tab "Persons with significant control".

Confirm with your manager which company(s) you are expected to cover and check this matches your contract - do not start to work for others at the site for whom you owe no employed duty.

If the pension company is your employers landlord then that is quite clearly defined - you want to look to tennant responsibilities and they look after everything else.

Roundtuit  
#3 Posted : 14 July 2021 07:34:23(UTC)
Rank: Super forum user
Roundtuit

What does it say on the respective salary/pay slips and contracts of employment? You are looking to see a consistent name as example my contract is with ABC Ltd, my salary is paid by ABC Ltd and the employers liability is in the name of ABC Ltd.

Companies house can be quite enlightening https://www.gov.uk/get-information-about-a-company

especially when you look at the People Tab "Persons with significant control".

Confirm with your manager which company(s) you are expected to cover and check this matches your contract - do not start to work for others at the site for whom you owe no employed duty.

If the pension company is your employers landlord then that is quite clearly defined - you want to look to tennant responsibilities and they look after everything else.

cerisa  
#4 Posted : 14 July 2021 07:49:20(UTC)
Rank: Forum user
cerisa

There is a adjoining name through all 3 companies, Garage construction, Garage Joinery and Garage surfaces. so the 3 Companies are all similiar & named after the 2 brothers who started the 1st company back in 1993. 

I looked at Companies house, persons with significant control, thats how i came up with 1 director 75% shares in 2 companies. But "0" and no official control on the 3rd company. This 3rd company can't be linked back to the MD, Only by relationship & that on Companies House it states they paid a loan back to GJ. 

Each of us have payslips, which deonte which company we're paid by. CG,GJ & GS. All our contracts are GJ,GC & GS

How do i go about obtaining the duty if i wanted to take this on?  

Theres a solicitor due in the office in the next few weeks, so might have to direct my question & contract to him 

peter gotch  
#5 Posted : 14 July 2021 14:33:11(UTC)
Rank: Super forum user
peter gotch

Hi Cerisa

OK - don't overthink it!

No overarching Group, so each of the companies needs its own health and safety policy and all the things that go with that.

As for you if your job description says that you are employed by one company but with a brief to help each of three, then that's what you should do.

I have been in a not entirely dissimilar position. I worked with BGL, which was relatively tiny but the G stood for Group and it was overarching over the much bigger BSM, BDL and the relatively small MGL. 

My job description did say that I should advise all four. The only significant difference was that as BGL was overarching we could have a single health and safety policy and associated health and safety (and other) management systems.

chris42  
#6 Posted : 14 July 2021 16:15:37(UTC)
Rank: Super forum user
chris42

I have also been in a similar position. I decided that I would provide help and advice for the two companies with different trading names, which had the same insurance. So I was insured to give them advice etc. The third company was registered as a different company in company’s house and so the insurance that covered my employment did not cover that business, so I agreed to chat about H&S with them, but not in an official capacity or give advice. As far as I was concerned their insurance did not cover me as I was not an employee of theirs and it would be like me being a consultant, where I would need my own insurance.

Chris

cerisa  
#7 Posted : 15 July 2021 07:42:15(UTC)
Rank: Forum user
cerisa

My JD doesnt mention anything about the other companies, im entitley employed by Construction. However the quality side of the role is both construction and manufacturing. I think my contract needs changing to cover all businesses. As i mentionned, theres 2 insurance policies which cover 3 businesses, Construction & Manufacturing is 1 and Surfaces is seperate. However all 3 of them needs Quality aspect completing. 

Originally Posted by: peter gotch Go to Quoted Post

Hi Cerisa

OK - don't overthink it!

No overarching Group, so each of the companies needs its own health and safety policy and all the things that go with that.

As for you if your job description says that you are employed by one company but with a brief to help each of three, then that's what you should do.

I have been in a not entirely dissimilar position. I worked with BGL, which was relatively tiny but the G stood for Group and it was overarching over the much bigger BSM, BDL and the relatively small MGL. 

My job description did say that I should advise all four. The only significant difference was that as BGL was overarching we could have a single health and safety policy and associated health and safety (and other) management systems.

cerisa  
#8 Posted : 15 July 2021 07:46:28(UTC)
Rank: Forum user
cerisa

That might be a little bit of an issue as the directors for the 5 employee company are not in the building and there is NO supervisor to that company within the workplace, so when i come to do the HSP. I doubt it very much that the 3 Directors will want to take responsibility for a group of employees. It was only done for tax reasons without thinking of the consequences. 

Originally Posted by: peter gotch Go to Quoted Post

Hi Cerisa

OK - don't overthink it!

No overarching Group, so each of the companies needs its own health and safety policy and all the things that go with that.

As for you if your job description says that you are employed by one company but with a brief to help each of three, then that's what you should do.

I have been in a not entirely dissimilar position. I worked with BGL, which was relatively tiny but the G stood for Group and it was overarching over the much bigger BSM, BDL and the relatively small MGL. 

My job description did say that I should advise all four. The only significant difference was that as BGL was overarching we could have a single health and safety policy and associated health and safety (and other) management systems.

Roundtuit  
#9 Posted : 15 July 2021 08:17:54(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: cerisa Go to Quoted Post
My JD doesnt mention anything about the other companies, im entitley employed by Construction. However the quality side of the role is both construction and manufacturing. However all 3 of them needs Quality aspect completing.

You were originally talking about H&S not quality.

Either way - Quality, Safety or combined - it is down to the employers to ensure they have sufficient provision either through yourself of by recruting appropriate resource for the other businesses.

Sounds like an operation that is very astute with financial matters and absolutely no idea when it comes to the soft aspects of running a business.

It is very common in small firms that there will be a lack of titles e.g. supervisor and that the directors are absent from the site.

Based upon what you describe I would be very reluctant to work away from my Job Description nor to extend it to the other activities as that would leave you exposed in the event of changes in one business compared to the others.

I have worked for a company that rapidly expanded through acquisition and in consequence my responsibilities and rewards increased, when the central business started to divest smaller less profitable aspects that reward package came in to very sharp focus.

Roundtuit  
#10 Posted : 15 July 2021 08:17:54(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: cerisa Go to Quoted Post
My JD doesnt mention anything about the other companies, im entitley employed by Construction. However the quality side of the role is both construction and manufacturing. However all 3 of them needs Quality aspect completing.

You were originally talking about H&S not quality.

Either way - Quality, Safety or combined - it is down to the employers to ensure they have sufficient provision either through yourself of by recruting appropriate resource for the other businesses.

Sounds like an operation that is very astute with financial matters and absolutely no idea when it comes to the soft aspects of running a business.

It is very common in small firms that there will be a lack of titles e.g. supervisor and that the directors are absent from the site.

Based upon what you describe I would be very reluctant to work away from my Job Description nor to extend it to the other activities as that would leave you exposed in the event of changes in one business compared to the others.

I have worked for a company that rapidly expanded through acquisition and in consequence my responsibilities and rewards increased, when the central business started to divest smaller less profitable aspects that reward package came in to very sharp focus.

cerisa  
#11 Posted : 15 July 2021 08:31:32(UTC)
Rank: Forum user
cerisa

Think you're right- R&R regards Directors doesn't seem to be high on the agenda. 

I wasn't sold the role of looking after 3 companies. I was sold 1. Just seems im expected to look after the others

Originally Posted by: Roundtuit Go to Quoted Post

Originally Posted by: cerisa Go to Quoted Post
My JD doesnt mention anything about the other companies, im entitley employed by Construction. However the quality side of the role is both construction and manufacturing. However all 3 of them needs Quality aspect completing.

You were originally talking about H&S not quality.

Either way - Quality, Safety or combined - it is down to the employers to ensure they have sufficient provision either through yourself of by recruting appropriate resource for the other businesses.

Sounds like an operation that is very astute with financial matters and absolutely no idea when it comes to the soft aspects of running a business.

It is very common in small firms that there will be a lack of titles e.g. supervisor and that the directors are absent from the site.

Based upon what you describe I would be very reluctant to work away from my Job Description nor to extend it to the other activities as that would leave you exposed in the event of changes in one business compared to the others.

I have worked for a company that rapidly expanded through acquisition and in consequence my responsibilities and rewards increased, when the central business started to divest smaller less profitable aspects that reward package came in to very sharp focus.

A Kurdziel  
#12 Posted : 15 July 2021 15:38:18(UTC)
Rank: Super forum user
A Kurdziel

But let’s assume that they are working as one business even though there are 3 companies for what ever reason.  the legal duty is on the company and there is nothing to stop them sharing a policy etc or a competent H&S person. The law doe not put any specific legal responsibilities on the H&S adviser and as long at you treated the same by all of the companies and they follow your advice etc there should not be any issues. The problems will only occur if one of the companies tells you that as you are not” their” H&S adviser and they choose to go there own way, then you need to be careful but not as careful as the company going off on a limb.

thanks 1 user thanked A Kurdziel for this useful post.
stevedm on 16/07/2021(UTC)
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