Is this fair treatment at work?

Question

I work for a company who relies on agency workers for support. I was recently involved in an accident with one of these temps. I have since refused to work with the guy again as during the accident he failed to and refused to assist me . My employer asked me to hand in a report of the accident, which i did. They handed a letter to me yesterday, in which they have laid the blame for the accident on me and have warned that if i refuse to work with the individual again then it will be seen as unacceptable.

the letter then goes on to inform me that the agency worker involved has taken legal advice regardin what could be seen as defamation of charectar and descrimination, though there are no grounds for this. I enjoy my job and always carry it out to the best of my ability and i am really worried that i am not being treated fairly. can anyone give me advice, i have three children who rely on my income.

do i have the right to refuse to work with someone i think a danger?

thanks.

Answer 1

Best thing would be to ring ACAS and chat through the details with them.

Answer 2

Like all things of this nature there are two versions of events; in this case yours and the agency worker's.
It would appear that your employer, having considered both versions, have concluded that you were at fault. Also, judging by your mention of "defamation and discrimination" it would appear that you have been less than circumspect in your version of events, given that the agency worker has received legal advice on this point.
You do, however, always have the right to refuse to work in a situation that would put you in danger. In this instance, judging by your reporting of your employers determination of events, your definition of "being put in danger" and what actually might be the case would seem to be at odds.
Speak to your union rep, the company Occ Health & Safety person or try the Factory Inspectorate (or whatever the current name of that body now is)
However, given that the company has reviewed both your and the other workers accident reports I don't give much for your chances.

Answer 3

This is not one that's easy to answer. You have a right to refuse to work with anyone who is likely to put you in danger and your employer has a " duty of care" to make sure you are as safe as possible whilst in their employ. However, it would appear that it is down to you to show this person poses a threat to your safety. Write down all you can remember about the previous incident, do not try to apportion blame, and note anything that you consider makes him a threat to your safety now. You should then make an appointment with your local citizens advice without telling your employer. I would hope they will advise you to contact the Health & Safety Executive, who are independent to your employer, but do have the power to make legally binding conditions to your employer.
These things are always sad and more worrying when you have children and rely so much on your wage. As a reserve I would start looking around for another job. I know this is not the happiest course of action or the easiest but may ultimately be your only way out. Hope not! Try to stay positive and in the mean time you will have to put up with working near this person, but as you are now aware of his shortcomings it does make you more carefull and less likely to be involved in an accident again.
You have every right to refuse to work in any situation that may prove to be dangerous to you, unfortunately you have to prove that is the case. HSE will know if your concerns are justified or not and will act accordingly. b happy

Answer 4

This is an extract from citizens advice about your rights at work (just type citizens advice in google!) to get to their site.

If you have a problem with your employer you should usually try to sort it out informally first. If this doesn't work, you should follow the special three-step grievance procedure which all employers are required to have by law. This means you must:
send your employer a written statement, setting out your grievance, and give them at least 28 days to respond
meet with your employer to discuss your grievance
appeal against your employer's decision if you are not happy with it.

If you have followed this procedure and are still not happy with the outcome, you can take your case to an employment tribunal. You should bear in mind that if you haven't followed the grievance procedure properly first, the employment tribunal may decide to reduce any compensation it awards you.
There are some circumstances in which you do not have to follow the grievance procedure before taking your case to an employment tribunal. To find out what these are, and for more information about raising a grievance with your employer, see What you need to know, Dealing with grievances, dismissal and disciplinary action at work.Hope this helps you.

Answer 5

Well, without knowing specifics of the accident, it's hard to really give you advice. As much as it sucks, you may just have to deal with it and work with this guy. It seems pretty obvious that your employers are not willing to waver on this point and it may come down to your job.

If I were you, I'd go ahead and start looking for another job just in case.

Answer 6

Do ypu have a union rep or a health and safety officer you can talk to?Was the agency worker trained to do the job you were doing?If not you have every right to refuse to work with him

Answer 7

I'd say you have the right to refuse to work with someone you feel is a danger but the best thing would be to start at the Citizens Advice Bureau.

Answer 8

i might want to choose equivalent. If I had childrens i might want to like my significant different to be able to take day without work to take care of them too. also employers discriminate adversarial to women individuals of kid bearing age because the way maternity regulations are at latest they're nerve-racking she'll purely get pregnant and take a 12 months off. This does no longer ensue if both adult males and females individuals were entitled to an same day without work. On consumer-friendly women individuals might want to stay longer yet i don't think of that is honest for them to artwork an better 3 years. both adult males and females individuals might want to be able to celebrate with retirement, no longer purely be entitled to it at the same time as they're knackered. perchance in straight forward words the stay at abode mums stay longer besides? :-) i imagine that isn't any longer accessible to decide what's a honest effect for easily everyone. Our lives are so diverse.

Answer 9

Yes you do have the right to refuse, how unfair of your employers to treat you like this, If I were you, I would put in a counter claim for assault, report it to the police, you have every right to, and if I were you, I would look for another job in the same field as you are now, because it is obvious that your bosses hve no respect for thir staff. GOOD LUCK !!!! x

Answer 10

that is very unfair i would go and see a solicitor if i was you the accident wasnt youre fault and the boss and the othe personr was negligent and yes you have grounds to refuse to work with someone you think and or know is a danger

Answer 11

Lodge a complaint in the police against the agency for not taking your complaint seriously and invariably warning you and your co-worker immediately and if needed go to court of law.