bit of a situation at work.
15 November 2006, 02:08 PM
#31
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anybody else got any ideas. im supposed to, as said earlier, be calling them up at 10 when my shift starts, and il admit im not entirely sure what to say...
andy
andy
15 November 2006, 02:49 PM
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Under RTITB rules (are reach truck drivers RTITB assessed?)the person who caused the spillage should have reported it and all you did was hit the spillage and have an accident. Were you driving too fast? Secondly has an accident investigation been done to find out who made the spillage and never reported it. That is where the fault lies.
As for getting sacked,i very much doubt it. Look in your conduct and capability manual and it should outline the procedure for warnings,written warnings,final warnings etc. are you under any disciplinary already.If not i doubt they can sack you.
Loss of earnings i'm not sure,thats between you and the company to sort.(if you're brave you could say its their fault for not providing a safe working environment,they could say its not their fault if someone never reported a spillage,but if you know what you are doing you could say have they trained people in reporting spillages,do they enforce it etc,etc. Depends on how much you want to pi$$ off your employer.)
(I am on the H and S committee,work in a warehouse and my boss in $hit hot on H and S,plus being a supervisor i have to know it too.Work at Barton on Humber))
As for getting sacked,i very much doubt it. Look in your conduct and capability manual and it should outline the procedure for warnings,written warnings,final warnings etc. are you under any disciplinary already.If not i doubt they can sack you.
Loss of earnings i'm not sure,thats between you and the company to sort.(if you're brave you could say its their fault for not providing a safe working environment,they could say its not their fault if someone never reported a spillage,but if you know what you are doing you could say have they trained people in reporting spillages,do they enforce it etc,etc. Depends on how much you want to pi$$ off your employer.)
(I am on the H and S committee,work in a warehouse and my boss in $hit hot on H and S,plus being a supervisor i have to know it too.Work at Barton on Humber))
Last edited by paulr; 15 November 2006 at 02:55 PM.
15 November 2006, 03:32 PM
#34
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just to clarify, i was driving at an acceptable speed as my front pallet had approx 700kg of verious tinned and glass products on it. if i was travelling to fast around the corner, then surely something would have drifted off the side of the UNWRAPPED pallet.
i thankyou
andy
p.s. that isnt my only defence obviously, just im not going to let them squim out of it by suggesting i was over zelous approaching and entering the corner in question...
i thankyou
andy
p.s. that isnt my only defence obviously, just im not going to let them squim out of it by suggesting i was over zelous approaching and entering the corner in question...
15 November 2006, 04:41 PM
#35
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Originally Posted by chocolate_o_brian
just to clarify, i was driving at an acceptable speed as my front pallet had approx 700kg of verious tinned and glass products on it. if i was travelling to fast around the corner, then surely something would have drifted off the side of the UNWRAPPED pallet.
i thankyou
andy
p.s. that isnt my only defence obviously, just im not going to let them squim out of it by suggesting i was over zelous approaching and entering the corner in question...
i thankyou
andy
p.s. that isnt my only defence obviously, just im not going to let them squim out of it by suggesting i was over zelous approaching and entering the corner in question...
15 November 2006, 10:48 PM
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little bit of an update...
i rung up work just after the shift i work started. didnt get through to a "superior" or anything, so havent had a chance to discuss the accident or any subsequent consequences that may be in the pipeline. im rather stumped as to what i should do regarding any form of claim against the companies insurance regarding either the actual accident itself (compensation wise) or the loss of earnings i may incur, even if only say 3 days work...
anybody shed some light?
andy
i rung up work just after the shift i work started. didnt get through to a "superior" or anything, so havent had a chance to discuss the accident or any subsequent consequences that may be in the pipeline. im rather stumped as to what i should do regarding any form of claim against the companies insurance regarding either the actual accident itself (compensation wise) or the loss of earnings i may incur, even if only say 3 days work...
anybody shed some light?
andy
16 November 2006, 07:58 AM
#37
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bttt
ive also found that after checking my internet banking my wages seem to be rather low considering i was due overtime monies this week. so i may ring the HR department up in an hour or so time and ask them for my wage slip to see whats missing. would it be a good idea to ask them also whats happening regarding an investigation into the accident as last i did was a reconstruction with two shift leaders and a digital camera etc... that was when i came home on wed morning and havent been back since obviously.
andy
ive also found that after checking my internet banking my wages seem to be rather low considering i was due overtime monies this week. so i may ring the HR department up in an hour or so time and ask them for my wage slip to see whats missing. would it be a good idea to ask them also whats happening regarding an investigation into the accident as last i did was a reconstruction with two shift leaders and a digital camera etc... that was when i came home on wed morning and havent been back since obviously.
andy
16 November 2006, 01:00 PM
#39
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So have you told them you won't be in for a few days and how did they take that news?
You should (by now) know how long you will roughly be off work following this incident and it's probably best that you discuss you proposed return with your line manager etc. (that will soon highlight any potential problems).
You may be best placed asking him outright if they intend to pay you for the days missed (due to the fact the accident was their fault), and see what type of reaction you get.
But I would avoid phoning every man and his dog to ask if 'they've heard anything' as this may sound desperate!
Let us know how you get on & goodluck
You should (by now) know how long you will roughly be off work following this incident and it's probably best that you discuss you proposed return with your line manager etc. (that will soon highlight any potential problems).
You may be best placed asking him outright if they intend to pay you for the days missed (due to the fact the accident was their fault), and see what type of reaction you get.
But I would avoid phoning every man and his dog to ask if 'they've heard anything' as this may sound desperate!
Let us know how you get on & goodluck
16 November 2006, 01:22 PM
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to be honest i cant afford to be off work so was going to go back on sunday night. which would mean ive only had 2.5 days off work. they will definatley not pay me for days missed, that would mean them paying me for work i hadnt done!!! are you daft
... the accident is their fault but they didnt force me to go home. thay cant apparantley. so if ive gone home injured under my own steam, they will not pay me a penny while im off. stat sick pay only kicks in after 3 full working days off.
ive tried ringing hr and theyre all busy. i would like a meeting to discuss the situation... but cant get in touch. im really stumped now...
andy
... the accident is their fault but they didnt force me to go home. thay cant apparantley. so if ive gone home injured under my own steam, they will not pay me a penny while im off. stat sick pay only kicks in after 3 full working days off.ive tried ringing hr and theyre all busy. i would like a meeting to discuss the situation... but cant get in touch. im really stumped now...
andy
16 November 2006, 01:27 PM
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Originally Posted by chocolate_o_brian
to be honest i cant afford to be off work so was going to go back on sunday night. which would mean ive only had 2.5 days off work. they will definatley not pay me for days missed, that would mean them paying me for work i hadnt done!!! are you daft
... the accident is their fault but they didnt force me to go home. thay cant apparantley. so if ive gone home injured under my own steam, they will not pay me a penny while im off. stat sick pay only kicks in after 3 full working days off.
ive tried ringing hr and theyre all busy. i would like a meeting to discuss the situation... but cant get in touch. im really stumped now...
andy
andy
16 November 2006, 01:35 PM
#43
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Originally Posted by DCI Gene Hunt
But don't forget... you missed work through an accident which was their fault! They had a duty of care for you, they failed in their duty of care...
They wouldn't force you to go home! only you know when you are ill, injured or hurt.....
Keep trying but KEEP COOL.....
They wouldn't force you to go home! only you know when you are ill, injured or hurt.....
Keep trying but KEEP COOL.....
andy
16 November 2006, 01:49 PM
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another update. rung HR dep. at work and the woman i spoke to is going to relay what happened to some big h&s dude. wont give names/positions etc. im hoping for a meeting tomorrow sometime but will have to wait for the dredded phonecall. im hoping this will maybe clear some stuff up and i should find out whether i have a case for a claim and/or a case to recover lost earnings, which would depend on my time off work. at the moment im still sore but money is needed to feed me and my partner plus pay the mortgage (mr responsible 22 year old)
andy
andy
16 November 2006, 01:58 PM
#45
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To have a case to claim you must;
a) Prove that they had a duty of care towards you.. ie. they employed you so owed a duty of care... tick in the box
b) That that duty of care was broken.. ie. the spillage was not reported or cleaned... tick in the box
c) That you suffered a loss or injury.. ie. Time off work/lost wages... tick in the box
You've ticked all 3, now if they refuse to pay you your lost time, which to be fair seems reasonable from where I'm sitting, you've the option of a 'claims direct' situation.... although once you go that route you won't be very popular with them and they'll drop you like a hot potato the first chance they get.....
Go down the 'the least you can do is pay me for my lost time, especially as the accident was your (their) fault!
Go for it
a) Prove that they had a duty of care towards you.. ie. they employed you so owed a duty of care... tick in the box
b) That that duty of care was broken.. ie. the spillage was not reported or cleaned... tick in the box
c) That you suffered a loss or injury.. ie. Time off work/lost wages... tick in the box
You've ticked all 3, now if they refuse to pay you your lost time, which to be fair seems reasonable from where I'm sitting, you've the option of a 'claims direct' situation.... although once you go that route you won't be very popular with them and they'll drop you like a hot potato the first chance they get.....
Go down the 'the least you can do is pay me for my lost time, especially as the accident was your (their) fault!
Go for it
16 November 2006, 02:28 PM
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2 options.
1.Make a claim and say goodbye to any sort of promotion,then as soon as you can get another job.
2.Come to an ammicable arrangement and keep on good terms with your employer,then hopefully promotion etc,etc.
Depends if you like your job or not.
1.Make a claim and say goodbye to any sort of promotion,then as soon as you can get another job.
2.Come to an ammicable arrangement and keep on good terms with your employer,then hopefully promotion etc,etc.
Depends if you like your job or not.
16 November 2006, 05:41 PM
#47
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Originally Posted by paulr
2 options.
1.Make a claim and say goodbye to any sort of promotion,then as soon as you can get another job.
2.Come to an ammicable arrangement and keep on good terms with your employer,then hopefully promotion etc,etc.
Depends if you like your job or not.
1.Make a claim and say goodbye to any sort of promotion,then as soon as you can get another job.
2.Come to an ammicable arrangement and keep on good terms with your employer,then hopefully promotion etc,etc.
Depends if you like your job or not.
regards getting another job, again its the money that traps me and 100s of others, i can do other stuff besides warehouse and distributional work, but in s****horpe its just not available. and i have a mortgage to pay etc, so a quick move isnt viable either.
many people on here have seen my drawing and art skills and i wish i could just **** my current job off and persue this kind of work instead... but i cant.
this hasnt any bearing on whether i make a claim, that is pretty much down to money lost and the whole compensation for something that wasnt my fault issue.
point number two is impossible to comprehend as shift leader and above all the people in that area are self obsessed egotistic fannies with only personal goal and amition to work from. the sheer gulf between the minnows such as myself and the heirachy above is so great, that a good working relationship is neither viable nor successful...
andy
17 November 2006, 09:16 AM
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just waiting for that phonecall now. hopefully a meeting and then i may relay the points mr hunt portrayed to me regarding duty of care etc? at worst im after the lost earnings ive encountered, as il see how my shoulder is first...
andy
p.s. ill keep you updated as i expect nothing less than getting the blame from this bunch of primadonnas...
andy
p.s. ill keep you updated as i expect nothing less than getting the blame from this bunch of primadonnas...
17 November 2006, 09:21 AM
#49
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Just remain polite, admit to nothing and ask if they can, as a goodwill gesture, honour your lost wages for the days since the incident.
Good luck & keep positive
Good luck & keep positive
17 November 2006, 09:26 AM
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Originally Posted by DCI Gene Hunt
Just remain polite, admit to nothing and ask if they can, as a goodwill gesture, honour your lost wages for the days since the incident.
Good luck & keep positive
Good luck & keep positive
andy
17 November 2006, 09:30 AM
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Originally Posted by chocolate_o_brian
how do you mean admitting to nothing? if they are asking me questions how do i answer. got me a little jammed...
andy
andy
Didn't mean don't say anything
17 November 2006, 09:39 AM
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Originally Posted by DCI Gene Hunt
Sorry, admit to nothing if they try to accuse you of any wrong doing, they may try and lay some of the blame at your door.... as in your speed, route, paying due attention etc.
Didn't mean don't say anything
Didn't mean don't say anything
il explain to whoever i meet (if even i get this call - they are notorious for brushing this kind of thing under an huge carpet when its their fault and they know it) the accident in full, making sure they have no cracks what so ever to indulge some make believe blame onto my party...
the most annoying thing is as i work nights nobody has even been in touch to explain anything towards any sort of invertigation that may have taken place after i did my reconstruction. hopefully however, at any meeting which should take place they will have copies of the images that were taken straight after the accident to show the spillage in the first place, as if they havent i would then be pushed into bringing the trainer witness in who saw the leak all over the floor afterwards... as when i went to go do the reconstruction 45 mins of so after the whole trickle had mysteriously disappeared.
andy
17 November 2006, 09:48 AM
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Originally Posted by WHEELSHOP0_0
Did you get pics of the spillage when it was there?
but
i was assured by the trainer for who i reported the accident to first that after i left the scene to recive first aid, immediate pictures were taken. if that fails i would then have to call upon him and another trainer present there after who both saw the skid marks and the leak round the whole area in question.
andy
p.s regarding witnesses, thats not really applicable in this case, as the only person who witnessed what happened was a polish employee whos on (temporary) agency terms. can you see where im going on this angle without leading towards slander etc?
so i dont think he would be of much use at all if not worse for my claim...
Last edited by chocolate_o_brian; 17 November 2006 at 09:52 AM.
17 November 2006, 10:34 AM
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right ive just had a call from h r and she said that as i did a reconstruction, there was no need for a meeting today regarding health and safety etc. this means any investigation etc will therefore be takn on when i go back to work. so i reliped that i would like to know whether or not the company will be aying me for my lost earnings as the accident was not my fault. she said its not her place to discuss this and she has passed my details onto the gentleman who i was supposed to be meeting with.
im really in limbo now as i feel i have every right o ask for lost earnings to be repaid towards me, but i see a fight coming on no regarding blame for the accident.
mr hunt or wheelshop? any ideas
andy
im really in limbo now as i feel i have every right o ask for lost earnings to be repaid towards me, but i see a fight coming on no regarding blame for the accident.
mr hunt or wheelshop? any ideas
andy
17 November 2006, 10:45 AM
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Originally Posted by chocolate_o_brian
she said its not her place to discuss this and she has passed my details onto the gentleman who i was supposed to be meeting with.
The decision for payment for lost wages should be with Line Management, that is, you need to request this via the person resonsible for authorising your timesheet.... and if necessary he/she can seek further company authorisations etc.
you could try speaking with your immediate supervisor and seeing where that leads....
But without knowing the structure of your company it's difficult to advise on the correct path!
17 November 2006, 10:52 AM
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that may be the best cause for action. if say i go back in on sunday night and speak to a superior and ask politley what is going on regards the investigation etc, and then who i would need to speak to in regards lost earnings then maybe that would reap more benifits than being passed aound on various phone calls.
im gonna give it a couple of hours for this gentleman to call me, then if nothing im ringing up reception to get to h r again, and i will ask to be put through directly the the said guy in question and put my queries and quetions upon him, in said polite manner...
andy
im gonna give it a couple of hours for this gentleman to call me, then if nothing im ringing up reception to get to h r again, and i will ask to be put through directly the the said guy in question and put my queries and quetions upon him, in said polite manner...
andy
17 November 2006, 10:57 AM
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Originally Posted by chocolate_o_brian
that may be the best cause for action. if say i go back in on sunday night and speak to a superior and ask politley what is going on regards the investigation etc, and then who i would need to speak to in regards lost earnings then maybe that would reap more benifits than being passed aound on various phone calls.
im gonna give it a couple of hours for this gentleman to call me, then if nothing im ringing up reception to get to h r again, and i will ask to be put through directly the the said guy in question and put my queries and quetions upon him, in said polite manner...
andy
im gonna give it a couple of hours for this gentleman to call me, then if nothing im ringing up reception to get to h r again, and i will ask to be put through directly the the said guy in question and put my queries and quetions upon him, in said polite manner...
andy
It's always a case of keeping cool and collected, also write down your questions first..... just in case you go blank during the call, then you can remind yourself what it was you were going to ask......
And don't forget you are the one 'hurt' and 'at a loss' due to THEIR failure in clearing the spill........... so be cool but also firm in what you consider as reasonable and proper in this situation...... i.e. payment for lost time/wages
17 November 2006, 10:58 AM
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Dont really know if I can help but my tuppenceworth would be to try and play on there sympathies as its human nature to try and help if asked for help and to defend your position if attacked. So I would contact someone in your management line and ask for their help, explain your skint and could a payment be made for your lost earnings through this unfortunate incident.
Also would give you the chance to update them as to your health and when you expect to return to work.This gives them the impression that you are willing to return with no "hard feelings" once you are back its harder for them to deal with you in an unfair method (face to face) than over the phone or by letter.
Someone in the organisation will have the responceability to deal with this situation and as most people want it to go away with the least hassle they may be glad to hear you seem to be "on the same wavelenght" as them.
Basically keep your powder dry and dont fight unless you have to.They will be ready for a fight and might not be ready for a plea of help.
Also would give you the chance to update them as to your health and when you expect to return to work.This gives them the impression that you are willing to return with no "hard feelings" once you are back its harder for them to deal with you in an unfair method (face to face) than over the phone or by letter.
Someone in the organisation will have the responceability to deal with this situation and as most people want it to go away with the least hassle they may be glad to hear you seem to be "on the same wavelenght" as them.
Basically keep your powder dry and dont fight unless you have to.They will be ready for a fight and might not be ready for a plea of help.
17 November 2006, 11:14 AM
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Originally Posted by WHEELSHOP0_0
Dont really know if I can help but my tuppenceworth would be to try and play on there sympathies as its human nature to try and help if asked for help and to defend your position if attacked. So I would contact someone in your management line and ask for their help, explain your skint and could a payment be made for your lost earnings through this unfortunate incident.
Also would give you the chance to update them as to your health and when you expect to return to work.This gives them the impression that you are willing to return with no "hard feelings" once you are back its harder for them to deal with you in an unfair method (face to face) than over the phone or by letter.
Someone in the organisation will have the responceability to deal with this situation and as most people want it to go away with the least hassle they may be glad to hear you seem to be "on the same wavelenght" as them.
Basically keep your powder dry and dont fight unless you have to.They will be ready for a fight and might not be ready for a plea of help.
Also would give you the chance to update them as to your health and when you expect to return to work.This gives them the impression that you are willing to return with no "hard feelings" once you are back its harder for them to deal with you in an unfair method (face to face) than over the phone or by letter.
Someone in the organisation will have the responceability to deal with this situation and as most people want it to go away with the least hassle they may be glad to hear you seem to be "on the same wavelenght" as them.
Basically keep your powder dry and dont fight unless you have to.They will be ready for a fight and might not be ready for a plea of help.
andy