Constructive Dismissal - help!

[Shuff4]

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Edited by Shuff4 on Tuesday 21st April 16:18

[p4cks]

Sorry to be negative about something that you are emotionally charged about but my suggestion would be to calm down, re-evaluate what's happened and move on with your life. Whatever you're hoping to achieve will not be worth it in the long run.

[Mortarboard]

Was it an immediate amd serious threat to safety?

I.e. could at any point have caused death or hospitalization without further failures of safety controls?

M.

[SpeckledJim]

The answer is the company is a dangerous disgrace and the directors should be in court!

Or you're a shirking mardarse who was looking for any excuse to make trouble and just wants £20k on the court steps for no real reason!

Or anywhere between the two. You haven't really given us much to go on.

[Shuff4]

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Edited by Shuff4 on Tuesday 21st April 16:18

[Gary C]

Not Ainscough is it ?

[Mortarboard]

Shuff4 said:

Mortarboard said:

Was it an immediate amd serious threat to safety?

I.e. could at any point have caused death or hospitalization without further failures of safety controls?

M.

An open threat was made from a colleague which involved a knife, then it materialised that it was aimed at me.

Company didn t put any controls in place.

That wouldn't be considered " an immediate and serious threat" in HSE terms

So not sufficient cause to refuse work.

If the reason for the threat was not directly work related, might not even be considered an occupational issue, and hence 0% of the employers responsibility.

M.

[simon_harris]

if one employee is threatening to stab another employee at work isn't the employers responsibility? seems an odd way of looking at it.

That said it does rather depend on how the threat was made ie employee 1 to employee 2 "I am going to stab you with this knife" or Employee 1 to employee 3 "Sometime I'd like to stab employee 2 they make me so mad"

[55palfers]

An employee on "a frolic of their own" is a tricky one to manage.

Needs corroborating witnesses and robust disciplinary procedures.

[Monkeylegend]

Oh well, any excuse.

https://www.youtube.com/watch?v=rY0WxgSXdEE

[Mortarboard]

simon_harris said:

if one employee is threatening to stab another employee at work isn't the employers responsibility? seems an odd way of looking at it.

If you get a slap because you did something wrong in your job - occupational.
If you get a slap because you slept with someone's wife - non-occupational.

Got your DM op, I'm in EHS, not law.

Protections for refusing to work on H&S grounds come under the Emplyment Rights Act '96.

M.

[Jasandjules]

Feel free to PM me then. Employment Lawyer.