18th July 2005, 05:31 PM
Sorry to start a new theme, on an old subject. I wanted to clarify a few points that have been mentioned in different strands in the last week or so. My experience regarding this subject is as a former IPMS (Prospect) safety rep and as Secretary to the Museum of London trade union branch between 1990 and 1995.
CAN I BE SACKED FOR RAISING H&S ISSUES?
Concern has been expressed that standing up for your H&S rights could lead to dismissal or some other form of retaliatory action by an employer. To clarify the employment law, any form of retaliatory action by an employer over H&S is either an unfair dismissal or if used as 'punishment', could be construed as grounds for constructive dismissal.
In either case the good news for archaeologists is that this is one of the few areas where you can put a case to a tribunal without having been employed for a qualifying period of 1 year. In simple terms if you make a fuss over H&S, even if you have only been employed for one day, and you suffer discrimination as a result, then you have a case against that employer.
GET ORGANISED
If your workplace recognises a trade union then you should have a union safety rep. If you don't then volunteer to become one. Your employer is obliged to consult you and allow you time off to carry out H&S duties, including H&S training. They should also recognise a Safety Committee for negotiation purposes and a means where H&S issues can be raised and resolved. Most good employers will have this as an 'instant access' system to avoid pressing complaints being lost in a 'committee' process.
Even if your workplace doesn't have a trade union, your employer is obliged to consult on H&S. The Health and Safety (Consultation with Employees) Regs 1996 provide for employers to consult employees and/or employees representatives on H&S matters even where there is no trade union. That is [u]every</u> employer, even archaeological firms. Do not be fobbed off by an employer who tells you otherwise. If you don't have a rep (or appear to have a rep) make yourself one. It is illegal for an employer to discriminate against H&S reps (trade union or otherwise). In the words of Radio 4's greatest ever philosopher 'You have nothing to lose but your chains'.
THE LESSON
Here be the lesson. Allowing an employer to frighten you into dodgy work practices for fear of retaliation is the thin end of a pretty ****ty stick. There is not much in the way of protection for workers rights in the UK Blair project, but one of the few areas, is protection for staff who raise and follow through H&S issues.
If you choose to ignore these matters when beginning your career, because you are worried about a backlash, you may find that your future career becomes extremely precarious anyway. A healthy whistle-blower is preferable to a sick and ailing careerist!!
FUTURE ACTION
At a recent Diggers Forum meeting in Cambridge the question of H&S was raised. One suggestion was that perhaps the Diggers Forum could produce a short 'Know your H&S Rights' leaflet that could be available as an internet download. I will see if there is anything that I can do about drafting such a leaflet in consultation with Prospect colleagues at MoLAS and elsewhere. I am guessing that our Host would be OK about such a download being available through BAJR.
I would also like to see the IFA be a bit more explicit with their requirements for Registered Archaeological Organistions (RAOs) regarding H&S. I think that the IFA could legitimately ask to see that an operative H&S liasion committee is in place (supported by minutes of consultative meetings going back at least 12 months), before approving RAOs.
CAN I BE SACKED FOR RAISING H&S ISSUES?
Concern has been expressed that standing up for your H&S rights could lead to dismissal or some other form of retaliatory action by an employer. To clarify the employment law, any form of retaliatory action by an employer over H&S is either an unfair dismissal or if used as 'punishment', could be construed as grounds for constructive dismissal.
In either case the good news for archaeologists is that this is one of the few areas where you can put a case to a tribunal without having been employed for a qualifying period of 1 year. In simple terms if you make a fuss over H&S, even if you have only been employed for one day, and you suffer discrimination as a result, then you have a case against that employer.
GET ORGANISED
If your workplace recognises a trade union then you should have a union safety rep. If you don't then volunteer to become one. Your employer is obliged to consult you and allow you time off to carry out H&S duties, including H&S training. They should also recognise a Safety Committee for negotiation purposes and a means where H&S issues can be raised and resolved. Most good employers will have this as an 'instant access' system to avoid pressing complaints being lost in a 'committee' process.
Even if your workplace doesn't have a trade union, your employer is obliged to consult on H&S. The Health and Safety (Consultation with Employees) Regs 1996 provide for employers to consult employees and/or employees representatives on H&S matters even where there is no trade union. That is [u]every</u> employer, even archaeological firms. Do not be fobbed off by an employer who tells you otherwise. If you don't have a rep (or appear to have a rep) make yourself one. It is illegal for an employer to discriminate against H&S reps (trade union or otherwise). In the words of Radio 4's greatest ever philosopher 'You have nothing to lose but your chains'.
THE LESSON
Here be the lesson. Allowing an employer to frighten you into dodgy work practices for fear of retaliation is the thin end of a pretty ****ty stick. There is not much in the way of protection for workers rights in the UK Blair project, but one of the few areas, is protection for staff who raise and follow through H&S issues.
If you choose to ignore these matters when beginning your career, because you are worried about a backlash, you may find that your future career becomes extremely precarious anyway. A healthy whistle-blower is preferable to a sick and ailing careerist!!
FUTURE ACTION
At a recent Diggers Forum meeting in Cambridge the question of H&S was raised. One suggestion was that perhaps the Diggers Forum could produce a short 'Know your H&S Rights' leaflet that could be available as an internet download. I will see if there is anything that I can do about drafting such a leaflet in consultation with Prospect colleagues at MoLAS and elsewhere. I am guessing that our Host would be OK about such a download being available through BAJR.
I would also like to see the IFA be a bit more explicit with their requirements for Registered Archaeological Organistions (RAOs) regarding H&S. I think that the IFA could legitimately ask to see that an operative H&S liasion committee is in place (supported by minutes of consultative meetings going back at least 12 months), before approving RAOs.
