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Dog bite in the workplace

Hi everyone,

This is a strange one, possibly a first!?

I am a HR manager for a small domiciliary care company. I am currently in week 19 of my 26 week probationary period.

I have not had any reviews with my line manager, the Business Development Director (BDD) or the registered manager/owner. I have asked for an informal review around week 12 but was told 'it is too busy'. It is worth noting that the registered manager is the mother of the BDD.

Occasionally, staff have been allowed to bring their dogs into work, which I generally don't have a problem with. This can be up to 1 week at a time depending on individuals. Last week, the BDD dropped his 3 dogs off at the office before going on annual leave. The registered manager was looking after them. One of the dogs, a small terrier type, is the typical small barking/snappy dog that you sometimes come across. On previous occasions, this dog has barked at me, suggesting that it doesn't like me, Indeed, the registered manager has told me that 'he dislikes men'.

On Tuesday, around 9am, I needed to speak with the registered manager in her upstairs office. As I was talking, the small dog was around my ankles barking. When finished, I turned to leave the office and the dog leapt at my leg and bit it, drawing a little blood. I shouted out with the pain and swore several times. The registered manager picked the dog up and I left the office. The whole situation was witnessed by one of the care managers.

I was in shock for a while and a bit shaky, but other than that I was ok. I'm not claiming that I'm now terrified of dogs or anything, in fact, I'm fine with them so no lasting effects other than a sore, cut leg and bruising. I stayed downstairs for the rest of the week, communicating by email or telephone when necessary.

My issue is (other than being bit whilst at work) the registered manager/owner didn't come to see me to see if I was ok or to apologise. This continued until Friday. The dogs weren't in the office at all, so I went to see the registered manager. I asked her at what point is it ok to come to work and be bitten by a dog and that I was upset that, as a bare minimum, she hadn't apologised. Basically, she told me to stop being melodramatic, it was only a small dog and that I was making something out of nothing. I remained calm throughout the conversation, but told her that I disagreed. I showed her my leg which was still bruised and marked. She said it was nothing and to stop moaning. She then went straight into telling me how unpopular I am in the office, with only her and the BDD wanting me to there. There were other allegations too, which felt like a knee jerk reaction to me criticising her lack of response to the dog bite.

To say that I am astonished at her reaction is a massive understatement and, quite frankly am at a loss as to how to deal with this.

Any advice would be greatly appreciated.

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  • Hi Ant and welcome!

    The incident should go in the workplace accident book and be investigated. Sure the CQC would require this as well as of course HSE. You may fully recover and it goes no further but it safeguards you if there are any complications or repercussions. It all sounds to me like unsafe place of work but it’s maybe too trivial to be worth pursuing any personal injury claim. And of course doing that would not improve your apparent popularity rating with the management.

    You have little or no protection against any unfair treatment: sounds as if you might be better seeking more suitable employers pronto.

  • In reply to David:

    PS Ant

    If the job is otherwise tolerable, it might be worth a ‘ full and frank’ conversation and your asking them directly if they really want you there: it may be that they only understand very blunt and direct communication and that their bark is far worse than their bite....ha ha - pun unintended- really!
  • In reply to David:

    Thanks David.

    Your advice is pretty much what I'm thinking. It's just such a bizarre situation
  • I can't add much to David's comments other than you have a bargaining chip at hand - which has been mentioned - The care quality commission or what ever it is now called. I don't think they'd be too happy if a dog was able to bite one of the residents!!!

    You don't have to 'ask' for any 'informal review'. Although this is/was a requirement when I was the HR manager of registered care homes, all you really want is feedback/direction and so on. So I'd approach the most approachable open of the two and casually mention how you've been there for some weeks and could you have some feedback on how you've been doing and anything else they want from you. That is your informal review.

    As for the dog? Two suggestions :-
    a) bring a few dog treats in. The dog will eventually be won over.
    b) What size boots do you wear? (Recommended in emergencies only or when the owner isn't looking)
  • Hi Ant,

    Firstly, the owner is totally liable for any damage, to property or person, caused by their dog* - although they may have an argument should you have been deliberately goading it. You say that you’re in the care business; what if this had been a child or vulnerable adult? Also, if you are conducting care on the premises the CQC would have something to say. The owner cannot just shrug this off, it needs to be dealt with. As had already been said, it goes without saying this should be recorded in the organisation’ incident log. Has anyone else had a problem with it? Incidentally, the ‘it doesn’t like men’ argument doesn’t hold water as if I’ve read your post correctly its owner is a man.

    The second is the manager’s attitude. To me it sounds like embarrassment - if she doesn’t acknowledge it, it didn’t happen. It also sounds like it’s a pretty toxic place to work. Are you sure you want to be there? Normally at the start of a role everybody’s on their best behaviour - if this is their best, what’s their worst like? Also, what’s your gut instinct over the ‘no-one wants you comment’? We know instinctively if we’re wanted or not, does your gut agree with her. This sounds like classic divide and conquer management - keep everyone twitchy and make them believe they’re your only friend.

    The third is your performance review. This is a little more difficult but without one how can you, or they, prove that you were or were not up to your role. I would suggest you perform the review on yourself being as honest as you can, write it up, and email a copy to the BDD as your line manager with the owner cc’d in for information. Say that you realise how busy everyone is and that you thought it might help if you drew up something that they can comment on. Remember, you’re being really helpful to them... ;)

    Good luck!

    *

  • My feeling is that this isn't the long term employer for you.

    But just for completeness....

    Whilst generally an employee can not bring a claim for unfair dismissal with less than two years service (which you don't have), one of the exceptions is where an employee ….

    "brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety, "

    and he was subsequently dismissed for raising them. Whilst its entirely possible they ultimately they may dismiss you as failing probation if you could reasonably link it to the accident and the unsafe working practice then there is at least a case that "could" be argued.


    Not sure its really worth it but worth thinking about.
  • In reply to Keith:

    Indeed! - may well be prudent to create an evidence trail, kicking off with sending your employers a fully detailed written account of the dog bite incident and physical injury sustained and noting that when you raised this matter you were met with a dismissive and aggressive response. And could they ensure please that this workplace accident is properly and fully recorded and investigated.

    That should provoke a reaction - possibly your dismissal, but then you'll have created pretty reliable evidence pointing to cause and effect.

    In addition, it may be that you begin to feel generally unwell as a result of this bite, and need to take a few days off sick as a result.......in which case the more the better for the evidence trail........

  • Hi Ant

    If you haven’t done so already, I think you should see your doctor as soon as possible even though you were bitten several days ago. I remember reading that bites rarely heal without becoming infected. This will also provide evidence, should you require it.

    This might be going nuclear, but I think you could also report it to the police.

    I find the idea of a dog that bites to draw blood in a care home quite upsetting.

    This should definitely be reported to the CQC. You were bitten in front of the registered manager, you later went back to the registered manager and showed her your injuries but nothing has happened. You have brought a matter of fact that relates to a breach of health and safety to management, which makes you a whistleblower with the protection of the Public Interest Disclosure Act. As you have raised the matter internally and got nowhere you have every right to go to the correct external body. Your MP might also be interested in a dog that bites being brought into a care home.

    While you should not suffer detriment for blowing the whistle, I can’t see much of a future for you afterwards, but I think you may have already passed the point of no return in your relationship with this organisation.
  • In reply to David Perry:

    Hi David. thank you for taking the time to advise me.
    Very helpful
  • In reply to Teresa:

    Thank you Teresa, I like the bit about doing my own review.
    I'm pretty certain that they will fast track it this week but I'll be prepared
  • In reply to Keith:

    Great advice Keith. Thank you. I shall make notes of this and take them into the next meeting.
  • In reply to Elizabeth Divver:

    Hi Elizabeth,

    I like the whistleblower approach. I've not considered this. Within care, whistleblowing is, of course, big stuff and so I should get a fair bit of protection.

    I shall use the term when I am in my next meeting with them. I shall mention the CQC. They might want to take my complaint a bit more seriously.

    What is really frustrating, is that if she had come to see me within the hour to apologise and ask me how I was, I wouldn't be on here asking for advice. It's just so basic HR, basic people management, that it baffles me that she doesn't realise it
  • In reply to Ant:

    Ant I am unclear what you are hoping to achieve from all this - have you thought through exactly what you want?

    Unless you know the destination you are unlikely to get there.

    CQC / Whistle blowing etc are all nuclear options. Is this really what you want? They are not terms that can be casually thrown into conversation
  • In reply to Keith:

    Hi Keith,

    Primarily, I just want the immediate situation resolving amicably. Today, I have handed a grievance in to start the ball rolling in a structured manner. I have made it quite clear what I want from this in my letter.

    I have chosen to mention CQC/whistleblower within my grievance letter but intending to use this a s a last resort should a suitable conclusion not be achieved.



    I would like to take this opportunity to thank everyone for their valuable support. As I have now submitted my grievance I don't require any further advice.
    The CIPD community have really helped me with this and I shall be discussing the worth of this forum with my HR associates.

    Thanks to all.
    Antony
  • In reply to Ant:

    Come back and tell us how it goes. We’ll all be wondering.