How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I expressed concerns regarding using an unqualified person

Resolved Question:

I expressed concerns regarding using an unqualified person to do work regarding the gas installation in a restaurant and now they want me to "email the owner with my concerns".
do i need help writing such a letter? do i have to be careful with anything?
thomas
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

well i work for a restaurant. i am actually a director!

we have these guy from Portugal which we use as a handy man.

so today i was lead to believe that he was going to do "some work with our gas tomorrow morning" - turns out he isn't by the way.

so i went to the office and i asked if he was indeed was going to do any work with our gas.

i was asked what do i mean and i was said that i heard he was coming saturday morning to do some work with the gas.

i didn't know specifics so i when i was asked why i was asking i said we should only have qualified personel anywhere near our gas.

so i was told next time something breaks you call for someone then, which i said i have no problems with that.

i was being shouted and was repeatedly told to f**k off during the "conversation" but that is something that has happened in the past so I kept trying to make my point.

so i left. when i returned the second guy told me that i should email the owner and tell him of my concerns and what do i mean by not allowing that person near the gas. did i meant the pipes, the breakers etc..

i don't know the law but i do know that we are insured and that when you deal with the gas you should only have quilified and certified people handle it.

and then he started telling me about what would i do on a Saturday night? and a long series of hypothetical questions which my answer is call someone certified and qualified.

our guy is certainly not qualified by the way!

so know i think the want me to contact the owner and then say.. that i am creating problems etc

so i thought i sterile letter saying that i am of the opinion that for certain aspects of our business where the health and safety of our customers and staff is concerned we should trust only qualified technicians etc

thanx for your time

thomas

Expert:  Jo C. replied 3 years ago.
Ok.
Are you asking if that is a good idea?
Customer: replied 3 years ago.

what do you mean?

i know it is not a good idea to contact the owner about anything

but i was asked to write a "short email to the owner and explain to him what i mean"

thomas

Expert:  Jo C. replied 3 years ago.
Are you asking me to check what you have written?
Customer: replied 3 years ago.

well i am asking if there any pitfalls

Expert:  Jo C. replied 3 years ago.
Well, potentially. It depends what you say.
If all you say is that it would be a good idea to get a qualified gas engineer to work on gas then that is fairly inoffensive.
If you go on to defame the person they are proposing then that would potentially give rise to a claim against you. That really isn't very likely though.
All you are doing is making a suggestion rather than disparaging anybody else.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

so i should email the owner and say "all I was saying is that it is a good idea to get qualified engineers to work on our gas" is enough? i am not worried about being sued by the guy. i am worried that they are saying that i am creating trouble etc... as i mentioned they already said what would i have done (on a hypothetical) saturday night.

thanx for taking the time

Expert:  Jo C. replied 3 years ago.
He isn't going to sue.
They may well say that you are trying to cause trouble. I don't suppose they much like the cost of getting a qualified gas engineer but it is a lot better than being fined by health and safety for having unsafe gas.
Sometimes you just have to be unpopular to make points that are right. In the long run, anybody sensible will see the obvious sense of what you propose.
Customer: replied 3 years ago.

i see...

will you be willing to have a look to the short message i tend to email the owner?

thank you

Expert:  Jo C. replied 3 years ago.
Yes, no problem.
Customer: replied 3 years ago.

thank you

here goes....

"I was asked to email you about today's events. i am not sure why since all i was trying to communicate is that it is probably a good idea to get qualified engineers to work on gas. it seems that sometimes i have to be unpopular to make points that are right."

i cheated and copied from your responses Jo C

but honestly i am worried because it doesn't make sense that i was asked to contact the owner to explain to him why i want qualified engineers to work on gas!

maybe i should change "to make points that are right." to "to make points that are sensible"

the owner and managing director don't like to hear they are wrong never!

Expert:  Jo C. replied 3 years ago.
Well, its just somebody who doesn't want to make any decisions.
I would take out the sentence that begins with 'it seems ...'
You could replace it with a sentence about the risks that gas presents and your liability if its not done properly and people are injured.
Customer: replied 3 years ago.

is this better?

i was asked to email you about today's events! I am not sure why since all i was trying yo communicate is that it is probably a good idea to get qualified engineers to work on gas.

we all know the risks that gas represents and the liability issues especially in our business. Iy isn't that long ago since we had that near miss with the old heater hanging from the roof in the arcade so i prefer in these matters to be extra cautious.

is that better?

thank you

Expert:  Jo C. replied 3 years ago.
Yes, thats much better.
If anybody takes offence at that then they are being completely unreasonable. Of course, some people are unreasonable so it could happen but thats down to them.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

i made subtle suggestions that i work for unreasonable people. :) i have stopped trying to reason with them

but do you think that what i have written is an appropriate response?

Expert:  Jo C. replied 3 years ago.
Yes, I guessed.
But your response is entirely reasonable.
Customer: replied 3 years ago.

thank you for your time

i will leave a positive review

thank you