E-Bulletin April 2004: EDUCATION
RoSPA publishes two journals giving news and views about
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published in the RoSPA journals. However, some material has been prepared for
print but has not been used because of lack of space.
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Contents:
·
Stamping out
workplace bullying
·
RoSPA/Esso Safety
Scholarship
·
HSC statement on
employee consultation
Assaulted teacher wins £250,000
compensation
A special needs teacher who was kicked and battered with furniture by a
pupil has been awarded an estimated £250,000 in the High Court following a case
brought by her union, the NASUWT.
Sharon Millward from Greater
Manchester was forced to retire on ill-health grounds after she was attacked in
a secure unit in April 2000 by a 13-year old pupil. The youth threw a chair
then ceramic tiled table tops at Mrs Millward as she cowered on the floor. He
kicked her in the groin and arms, then hurled a table at her as he was escorted
from the room by a member of staff who had come to her assistance.
Mrs Millward suffered
post-traumatic stress disorder after the attack which started when she asked
the pupil, who had repeatedly disrupted the class of three students, to 'shut
up' while she read them a book in the Thornbury House secure unit in
Kidlington, Oxfordshire.
In awarding Mrs Millward
compensation, Mr Justice Hughes noted the failure of the unit's management to
inform Mrs Millward of the pupil's history of violence and aggression,
particularly towards women. The compensation due from Oxfordshire County
Council takes into account Mrs Millward's loss of earnings and retirement
benefits together with the pain and suffering she has endured.
Eamonn
O'Kane, General Secretary of NASUWT, said:”
Failure by LEAs to protect employees from pupils known to be violent is totally
unacceptable. As this case clearly shows, LEAs must not ever take their
responsibility for teachers' health and safety lightly.
"The profession loses too
many experienced teachers through resignations, early retirement or, in the
worst cases, ill-health retirement because of the scourge of violence and
disruption in the classroom.
"Mrs Millward's
experience underlines how small steps to protect teachers could prevent
disastrous consequences. NASUWT will continue its 'Enough is Enough' campaign
to raise awareness among schools and LEAs of the need to tackle effectively
violence and disruption."
Mrs
Millward said: "I am extremely relieved
that my case has come to an end nearly four years after the attack. It has been
a difficult time for myself and my family. Now I want a quiet life as this
incident has been in the forefront of my mind for so long. I lost the job I
loved and no award can give me back the life I had expected to lead.
"While I am satisfied
with the outcome of my case, I am saddened that my career had to end in such a
sudden and brutal way. I hope that LEAs and schools will learn from my
experience and take steps to protect their staff by keeping them fully informed
of any, and all, risks posed when teaching pupils from troubled backgrounds.
Stamping
out workplace bullying
The
Trade and Industry Secretary Patricia Hewitt has announced what is claimed to
be the world's largest project to stamp out bullying and discrimination at
work.
The trade union Amicus will lead the project, worth £1.8m, and will
work with some of Britain's biggest employers to develop practical
guidance for all employers.
Half the project's funding - almost £1m - will come from the DTI's
Strategic Partnership Fund, which helps strengthen employer-employee
relationships and improve business performance The project will provide
support, advice and training to organisations trying to deal with bullying by:
* training employees as counsellors and investigators of bullying and
harassment;
* devising and promoting a voluntary charter on 'dignity at work';
* promoting examples of excellent employers in the UK and lessons to
learn;
* producing a benchmarking tool enabling organisations to measure
their success in achieving dignity; and
* producing a 'ban bullying' pack.
Ms. Hewitt said: "We must tackle
discrimination from the cradle to the grave. People's lives should not be made
a misery by bigots fuelled by hate and
ignorance."
"For too many people discrimination begins at school. And for many,
the discrimination, harassment, victimization and violence that they
experience at school is something they have to deal with through
their whole lives - particularly in the workplace.
"The best employers already know prejudice stops talented individuals
reaching their full potential and this is bad for business. Equality
and economic success go hand in hand.
"I congratulate the ten partners who have already joined Amicus and
urge many more to get on board and stamp out bullying in British
workplaces."
The project has ten partners including British Aerospace, Royal Mail,
Legal and General, and British Telecom, Remploy, and will be
supported by Government agencies such as Acas and the Health and
Safety Executive.
The promotion of dignity at work can have several business benefits,
including:
* time spent on promotion of dignity at work is more productive than
time spent on dealing with complaints of bullying and/or harassment;
* getting rid of discrimination can reduce in the number of grievance
cases and the time and money dedicated to processing them; and
* employers can make productivity improvements through improved
morale along with reduced sick leave and absenteeism.
Last December, the Government introduced the Employment Equality
Regulations 2003, making it unlawful to deny people jobs on the basis
of their sexual orientation or of their religious beliefs. The new
regulations, added to existing laws which ban racial, sexual and
disability discrimination, enable individuals to take prompt and
effective action to tackle harassment, enabling people to have an
equal chance of training and promotion.
.
More information about recent changes to employment law is
available at www.dti.gov.uk/er
More
information about the Government's schools anti-bullying
initiatives is available at: www.dfes.gov.uk/bullying
All enterprises must manage their health and safety risks
to minimise the risk of accidents or damage to employees’ health. But for small
organisations, health and safety is only one of many competing demands to which
they have to respond.
Since
1992 the RoSPA/Esso Safety scholarship has offered a free scholarship scheme
to help small businesses to train up a member of their teams so that they can
get on top of health and safety management. It is aimed at individuals working
in small businesses in the UK with no in-house health and safety adviser.
Access to it is via a simple competition. Successful applicants receive free enrolment
on a health and safety training course leading to the National General
Certificate in Occupational Safety and Health with costs of travel and
accommodation being met by the scheme. Short listed applicants are invited to
attend an interview with a judging panel at RoSPA’s offices in Birmingham.
An
entry form is available for downloading at ‘Esso Scholarship’ under ‘Awards’ at
www.rospa.com or
contact the RoSPA Awards Helpline on 0870 777 2091.
HSC statement on employee
consultation
HSC Chairman, Bill Callaghan
has called on all employers to properly involve and consult their employees to
ensure good standards of health and safety in the workplace. He made the appeal
as he launched a statement setting out HSC's case for a collaborative approach
between partners to managing risks to occupational health and safety.
"I believe the
statement makes a strong argument for the active participation of employees in
managing workplace health and safety, working in partnership with their
employers to reduce both ill-health and injuries,” he said.
The statement is central to
HSC's new strategy for workplace health and safety, and is its first
'deliverable'. It recognises workers as
the most valuable asset in bringing about real improvements in occupational
health and safety. It focuses on the relationships between workers and
employers and promotes a collaborative approach based on trust.
It outlines the principles
of, and evidence supporting the effectiveness of worker involvement and
consultation; examples of ways to secure it and measures for social partners to
agree, sign and commit to. It is not about new regulations but seeks to build
on existing duties and inspire more employers to consult and involve their staff.
Bill Callaghan said:
"There are many examples of where greater consultation between managers,
staff and unions has increased health and standards, and other cases where poor
dialogue has led to significant human and financial costs.
"The Piper Alpha oil
platform explosion in 1987, which killed 167 workers
and cost an estimated £2bn,
and the 1988 Clapham rail crash, in which 35
people died, are two
examples of employee concerns about health and safety
not being raised. In a paper on safety cultures in the
workplace in 1999, the Health & Safety Executive (HSE) concluded: "The
first people to realise something may be seriously wrong in an organisation are
usually those who work there."
The TUC, CBI, Institute of
Directors, Federation of Small Businesses and Chemical Industries Association
have endorsed the statement and are keen to meet the challenges it presents.
The Government is serious about this issue, too. Last year, the Department for Work and Pensions announced the
creation of the Worker Safety Adviser Challenge Fund to build partnerships and
drive improvements in occupational health and safety. This is one of the measures set out in the statement that HSC/E
will be working with partners to develop in the coming months.
The text of the statement, A
Collective Declaration on Worker Involvement,
can be accessed via the HSE
website at http://www.hse.gov.uk/workers/involvement/index.htm
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