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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47382
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

hello.at work give safety shoes,after 12hours my foot and legs

Resolved Question:

hello.at work give safety shoes,after 12hours my foot and legs hurt very bad,net day i can't go to work,3-day i come to work but after couple hours my foot hurt again so much i ask maybe i can take of this shoes,but teem leader said if i not wear safety shoes he send me home,and that happened.teem leader send me home other 3 days.after 3 weeks pain i seen doctor he send me to feet specialist.i still waiting apoitment and still in pain.i want ask employer can make me wear safety shoes if i have problems with feets,and can i ask to pay me i having time of work them fault?thank you
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Can you please tell me how long have you have you been with your employer

Customer:

about 6 months

Ben Jones :

ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

ok.thank you very much

Ben Jones :

Many thanks for your patience. If you are working in an environment where safety shoes are necessary to protect you from any risks or injury, then you would be expected to wear them as the employer could be breaching health and safety laws and they cannot allow you to work if that is the case. If the feet problem is a long-term condition that has a serious effect to allow you to perform your normal day to day duties it may even amount to a disability and the employer needs to make reasonable adjustments to try and help you in work, such as either providing you specialist shoes that are more comfortable or assigning you duties that do not require the wearing of safety shoes.


 


However, if this is not something to do with a disability and is just a case of you not finding the work shoes comfortable, you may be expected to supply your own shoes that fit you well before you are allowed to work there again.


 


In terms of payment for the time off that would depend on your contract – are you employed under fixed hours, that are guaranteed every week?

Customer:

yes.i try speak with manager that i have problems with my feets that i can't wear all shoes,but he not listen and next day i must work with saftey shoes.(but not all workers have shoes waiting right size).

Ben Jones :

Whilst the employer has a duty to ensure your health and safety by asking you to wear safety shoes if the environment requires it, at the same time these shoes must be suitable for you, such as being the right size. If they are not the right size and you cannot work as a result, they should pay you, but if they are the right size and the problem is just because you have some other issues with your feet, then you may actually be deemed as signed off sick until you are able to work and only be paid sick pay as per your contract

Customer:

i have problems with feet and that shoes make it more bad and t

Customer:

later need operacion.

Ben Jones :

You could try to see if your condition qualifies as a disability and then raise this with the employer.


 


In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.


 


The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.


 


I will break this definition down:



  • Physical or mental impairment – this can include nearly any medical condition;

  • Substantial effect – the effect must be more than minor or trivial;

  • Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;

  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)


 


 

Customer:

.i need speak with my doctor but i don't think that is disabilityi i just need right shoes to be not in pain and longer without operacion.so if that not disability then i must wear safety shoes?

Ben Jones :

whether you have to wear safety shoes depends on the nature of the job but if it is a job that requires you to wear safety shoes then the employer could refuse to allow you to do the work unless you are wearing the appropriate safety wear, including the shoes. If the ones they have provided you with do not fit then you can either ask to do work that does not involve the wearing of such shoes or provide your own that fit you

Customer:

ok.thank you very much for answers.

Ben Jones :

You are most welcome, all the best

Ben Jones and 2 other Employment Law Specialists are ready to help you

Related Employment Law Questions