Bare Knuckle Pickups Forum
At The Back => Time Out => Topic started by: crispsandwich on January 09, 2006, 09:33:42 AM
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I know I've ranted about where I work work numerous times on here so I apologise for this latest one.
Anyway this new proprieter has decided that as part of a 'name and shame' policy (allegedly - this part is gossip between other staff) there's going to be a plastic wallet in the kitchen on display with everyone's sicknotes in. I didn't believe it at first, but now there's a few sicknotes in there, telling everyone who looks that so-and-so has been ill with a cold or whatever, or they have a doctor's note. Isn't this 1000000% illegal? I'm very tempted to go over this new boss's head with this one and take photos and get him in some serious poop with the relevant authority because this is just the last thing on a long list he's done to make our job even harder. He's bullying staff. It's not like he doesn't know the law. Him and the senior staff aren't stupid. No-one dares say anything, I'm assuming because they don't want their jobs to be in jepoardy.
Any opinions?
-Danny.
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Data protection act should stop that. I'm not an expert though!
Especially as the old style acident books where your details were written down and anybody had access to them are now illegal!
I guess they could say the number of people off with a cold/bad back/whatever, as long as they didn't disclose the names of the people and what was wrong with them or any personal details.
This stinks imho....
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Have you got a union??? might be a good time to join!
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Nope, we don't have any kind of Union or anything. It's a small business. I'm looking for another job but in the meantime I resent having to work there because it's making my back sore all the time due to lifting people without proper equipment. I have queried this numerous times but staff refuse to use hoists to lift people, as doing it manually saves time. When we had an inspection I told the inspector all of this but nothing has been done. It's a cr@p job.
-Danny.
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Yup - its contrary to the Data Protection Act - trouble is - its a pretty toothless act in terms of penalties - but you could complain to the Data Commissioner who might write a rude letter to the employer.
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IS there not a care workers union that you could join??
How about getting the HSE involved over the lifting, go and see your doctor, get a note for your backfill in the accident book and phone a no win no fee solicitor, that should get your bosses attention! It may also trigger the HSE to come and have a look. There should have been training given for manual handling and risk assessments done too! Is there even a health and safety committee? There should be by law I think!
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Check the citizen's advice bureau etc. That sounds pretty shite though.
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There are risk assesments done, and each resident has an individual care plan. We have one hoist, but as a rule, hoists are generally used only for lifting people who cannot support their weight at all, and we have none at present. Still, there are residents who support only about 10% of their weight, and they weigh more than 15st. They stand (with assistance) but then drop and we have to hold them up whilst assisting them with things. That's where the main problems seem to be. We do use handling belts, but they don't really help my back at all, as it still hurts when I have to lift. I have suggested using a hoist countless times, but I'm always told "we don't use it, it takes too long". I'm annoyed that even though I told this to the CSCI inspector, it seems that nothing was done/said. I wasn't given any proper training as such, I was just told what to do. It's difficult because we have a list of things that have to be completed each shift (don't get me started on that 'rule') and so if I refuse to do any lifting, there will be 21 very unhappy residents, 2 very overworked other staff and a very annoyed manager. She's not a very good manager. It seems as if she thinks that the care of the residents is secondary, as long as all the washing and washing up is done and everyone is ready for bed before night-staff come on :roll:.. It stinks, but I don't know what I can do. I'm leaving anyway. 4.25GBP an hour for all this is ridiculous. An letter to the relevant authorities will probably solve a lot of the problems after I'm gone.
-Danny.
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That sounds shitee! Surely you cannot be expected lift heavy people without proper equipment - what does the health and safety say should happen?
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Like the others said, I'm sure the data protection act should not allow that, if you can join a union I would advise it, as if you get into some serious legal stuff they will represent you etc.
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So what does everyone else say who works there??
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In what year do those managers live in? I wonder, do they browse ebay for slaves? Buy two now and get a whip for free.
:evil:
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That sounds way out of line to me. The manager's taking the... you know what...
Not sure about contravention of Data Protection, as a sick note from your Doctor is not a record held on computer, which is what the DPA means, electronic records. However, I do believe it is contravening your human rights and various employment laws to boot.
As willo says, get down to your local (Donny?) Citizens Advice Bureau and discuss it with them (if it is the Donny branch nearest you, I know someone who works there and can have an off the record chat with them if you like...PM).
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So what does everyone else say who works there??
Well, with regards to lifting, no-one says anything. The only time the issue of the hoist has been raised at any time in the 3 months I've been there, it's been by me, around 4 or 5 times. It's never been mentioned otherwise.
With regards to the whole sicknote thing, staff aren't very happy about it but seem reluctant to say anything. They've joked that they'll ring in sick and say they've got something very extreme and see if it gets put up there, but they don't seem to think it's illegal and they haven't said anything to the senior staff. The manager is on holiday at the moment, but the senior in charge of the place is the one who writes all the sicknotes and puts them up. I was off work the other day with a bad back. When I go in on Thursday it'll be interesting to see if there's something up there with my name on it. I've said if there is, I'll rip it up in front of the manager or the aformentioned senior, and I'm prepared to do that. I just don't think I'll be supported by the other staff. They seem like they're too scared or not bothered. It's easy for other staff to say that for 4.25GBP an hour I shouldn't be bothered or stressed about it, but it's the principle. You can't treat employees like this. Sorry for the rant, it just winds me up.
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DPA covers certain paper filing systems too in a bizzare way...
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that sounds illegal to me, i second the other recommendations to check out the CAB, etc. to see what they can do.
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Sounds like it's time to move on...
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While I totally agree that this really sucks for you and that your manager must be a complete selfish pig, I think that you ought to stand up for yourself. Confront her. If you get sacked go after her for wrongful dismissal or something.
Perhaps a cr@ppy job is better than no job to you, but personally, I hate to be pushed around and I wouldn't feel good about myself if I didn't do something darn fast about my work environment.
Take a stand, man!
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Here is a website from a Trade Union discussing Data Protection (it has a lot on unionism, but covers the bases):
http://www.tssa.org.uk/article-46.php3?id_article=1906
It is arguable that sick notes are covered by the 1998 Data Protection Act, even if on paper record, as they are sensitive records about a person's health.
As to what you can do about it is another matter - if it leads to distress or actual material loss you can sue under the Act in the small track of the County Court.
It might (and I say might - you would need to go to a CAB or something for advice) also be held to be evidence in an Employment Tribunal of a breakdown in trust and confidence if you ask for the note to be withdrawn from public view and it is not. If you resign at that point, you may be able to sue for constructive dismissal - especially if your complaints regarding health and safety are ignored as well. But then - litigation should always be considered an option of last resort - after all the only people who benefit are lawyers!
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All it wants is for one of the staff to put in a claim for industrial injury. I deal with such cases a lot and if the claim is referred to the H & SE, all kinds of brown stuff can hit the whirly thing- not mention the Insurance pay out. At the very least, displaying sick notes is a breach of confidentiality. I must admit that I do tend to view a lot of the legislation that now exists with dismay as for many companies, such as mine, it is not necessary as H & S has always been treated seriously whereas in cases such as yours, the laws clearly are not doing what they were meant to be doing to protect workers. It is a disgrace and the sooner you escape the better imho.
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Well, I rang Citizen's Advice this morning and found out that this is indeed illegal, as it breaches patient confidentiality. I also phoned a friend who's really up on this kind of thing, and she said it goes against the Data Protection Act, regardless of the fact that the information is not stored on a computer.
I went in, found that details of my day off had been put up so politely asked for it to be removed. When asked why, I told her all of the above, to which she replied "I'm just doing as I'm told", although she did say she appreciated that I didn't want people seeing those confidential things and said she'd remove it.
I'm not sure whether she was unaware of all the blurb, especially as she's a very experienced carer and has been a manager before. But I know for a fact that this new proprieter who's trying to put the frighteners on us will know all about patient confidentiality and whatnot because he and his wife have worked in the NHS for many years. I'm sure he knew what he was doing.
It'll be very interesting to see if, when I return to work, the slips have been taken down or not. I'm sure the 'boss' will have something to say.
1-0 to the employees :).
-Danny :).
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Good for you! Keep us posted.
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Phone the local press next!
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"I'm just doing as I'm told"
- I believe that "defence" has been used many times before... It still doesn't justify their actions.
because he and his wife have worked in the NHS for many years. I'm sure he knew what he was doing.
- They should know full well what they are doing, however, bullying is bullying whether it's in the playground or on show in the staff canteen...
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good job so far, hopefully it gets totally sorted!
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'Just doing my job' - good for her - she can tell the Employment Tribunal or County Court this when the boss is being sued for constructive unfair dismissal or personal injury. I'm sure it will go down a treat!
Sounds like you need to keep a written record of employer transgression - if only to know that you could sue in the future. I'd start harping on about the health and safety - if you back goes, your done for. A written letter has more long term effect than an oral complaint! (or it might get you sacked :( )
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Phone the local press next!
Hell yes!! See how THEY like the naming and shaming!
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Just dont say 'do this or i'll go to the press' as that might be construed as blackmail and you might have an enforced holiday in one of HMP!
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Definately go to the media people, and allow some proper name and shame to occur.
If you go for a newspaper head for the largest paper you can find as the story will not just 'stay in town'
The local BBC news people are also good to contact, aprticularly as the BBC have a history of looking at care homes and know what theyre doing.
Remember that if the press print anything you will not be popular as it will likely hit your employers in the pocket no matter how small any article happens to be.
Good luck as in the absence of decent pay you should at least be allowed decent working conditions and dignity.
Rob...
BTW as an aside
The reason paper records where pulled into the data protection act is because companys where using databases to index & locate paper based information, thereby avoiding the old data protection act.
If a company / instution holds your data it's covered in the data protection act.
Thays why you can cost a company real money if they have CC TV recording and you have sufficiant motivation ;)