junctiontwo Posted November 3, 2013 Report Share Posted November 3, 2013 Good Luck on Monday - you are the one who did the right thing and irrespective of what happens he would be a fool to consider sacking you as the firm would be screwed by H&S and you would be a winner of any unfair dismissal action you took. When business times are hard things get sloppy. This level of safety failure is potentially fatal. Keep records as you are doing and get a photo of the trailer hitched, if you can without detection. Good moral stand, I support what you are doing and can see only a world of pain for your employer if they try and sack you. Suggest (in extremis) that if you had taken it out assuming it was safe and that company processes were effective that protected against this, then almost certainly if a fatality had occurred, the company directors would potentially be facing corporate manslaughter charges, and gaol. Your motives for doing what you did are both to protect the company and yourself. I believe nothing can stop a person who knows they are right and keeps pushing forward. Great post. Quote Link to comment Share on other sites More sharing options...
rimfire4969 Posted November 4, 2013 Report Share Posted November 4, 2013 I am interested to see how things went today? Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted November 4, 2013 Report Share Posted November 4, 2013 I am interested to see how things went today? Moi aussi Rodney... Quote Link to comment Share on other sites More sharing options...
MBW Posted November 4, 2013 Author Report Share Posted November 4, 2013 Well..... Turned up to be greeted with the chief exec and my manager plus chief execs secretary to take minutes, the whole shabang lasted 40 mins with myself and union rep, and the health and safety officer who the union lad demanded was present, basically there was no log that there had been a defect with the chipper let alone a repair, thanks to health and safety officer and union man all disciplinary matters against me were dropped and I got an apology from chief exec for how this had been handled, it looks like my manager is in a big pile of doodoo now as health and safety lad and union have demanded an inquiry into maintenance records of all machinery as the gaffer has obviously been seriously lax, the chipper was picked up by the company who do our maintenance, and all the others are off the road until they have been checked incase of a fault, basically I think management are crapping it incase something like this has been going on for some time where if a problem happens they are liable, I was thanked for my part in bringing the problem to light, however the poor lad who welded the trailer is going to be lucky to keep his job as unauthorised repairs to vehicles or trailers is gross misconduct and a sacking offence, but hopefully he just gets a slap on wrists as I believe he was just trying to help rather than bein underhanded or dangerous and no real harm was done, I'm glad it's all sorted but can't help feeling guilty for the poor bloke who did the welding who by the way holds no welding qualifications let alone anything to repair road going vehicles I'd just like to say thanks again to all who offered advice or support can't say how much you guys have helped. Thank you all very much Quote Link to comment Share on other sites More sharing options...
tigger Posted November 4, 2013 Report Share Posted November 4, 2013 Well done buddy you done the right thing and can keep your head held high, goes to show most on this thread would have done the same but always a few bad eggs isn't there..... Quote Link to comment Share on other sites More sharing options...
la bala Posted November 4, 2013 Report Share Posted November 4, 2013 well done lad, everyone has H&S bleated to them all the time, it is good to turn it around. Quote Link to comment Share on other sites More sharing options...
rimfire4969 Posted November 4, 2013 Report Share Posted November 4, 2013 Good result, I think the welder although in the wrong was told to do the repair so hopefully can slide sideways out of the shot. Quote Link to comment Share on other sites More sharing options...
Kes Posted November 4, 2013 Report Share Posted November 4, 2013 I am soooo pleased it went the way it should. Nice to see your CEO praising the right approach - he must know where he would have ended up had it gone badly wrong. The dock on criminal charges is no place to be by default. The guy who did the welding should be protected by the fact that he will have been asked to do it by your immediate boss if he can think back - he's unlikely to have offered off his own bat. If he did, he deserves the sack, as no-one these days can escape stupidity and that sort of inevitable danger to others. Alternatively if he was asked to do the weld its not totally his fault and he has a means of retaining his job. Seems to me like your immediate boss is history and rightly so. Worth remembering - if you are right and keep moving forward, however hard the going, you will eventually prevail. You deserve to relax and have a pint - I'd buy you one if I was nearer. Good on you ! Quote Link to comment Share on other sites More sharing options...
pegleg31 Posted November 4, 2013 Report Share Posted November 4, 2013 Hope your manager gets the push, well done for sticking to your guns Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted November 4, 2013 Report Share Posted November 4, 2013 Glad it all fell in to place in the end! Quote Link to comment Share on other sites More sharing options...
junctiontwo Posted November 4, 2013 Report Share Posted November 4, 2013 Go celebrate fella!! Quote Link to comment Share on other sites More sharing options...
MBW Posted November 4, 2013 Author Report Share Posted November 4, 2013 Go celebrate fella!! Off out for a celebratory lamping trip with the wife..... Who says romance is dead Quote Link to comment Share on other sites More sharing options...
keg Posted November 4, 2013 Report Share Posted November 4, 2013 (edited) 2 points H&S at work act .....YOU are responsible for your health and safety, AND THAT OF OTHERS. all trailers, if not braked and fitted with a breakaway cable MUST have a safety chain fitted.....even your 4 foot garden trailer Correct sir, my 6ft x 4 ft garden trailer has a stout chain on it and is unbraked. Just read through all the posts and it sounds like a great result. Well done. This is also an example where union membership is worth its weight in gold. Edited November 4, 2013 by keg Quote Link to comment Share on other sites More sharing options...
overandunder2012 Posted November 4, 2013 Report Share Posted November 4, 2013 nice 1 well done Quote Link to comment Share on other sites More sharing options...
arjimlad Posted November 5, 2013 Report Share Posted November 5, 2013 I was just looking out a useful summary of the law on Health & Safety employment matters and how you don't need 2 years service to be protected from unfair dismissal if it is for a H&S reason, and how it would be an automatically unfair dismissal, when lo & behold your employer turns around & does the right thing ! Further reading at http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/dismissal.htm#Step_four_what_is_the_reason_for_the_dis but I would also suggest that everyone makes sure that they take out legal expenses insurance on household policies including cover for employment disputes (especially after withdrawal of legal aid for such matters). Glad it's come good for you but perhaps this might help someone else in a similar situation. Perhaps you will be offered the manager's role as you are clearly more responsible than the current incumbent.. Quote Link to comment Share on other sites More sharing options...
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