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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning. I have a question: I am working in a hotel,

Customer Question

Good morning.

I have a question:

I am working in a hotel, in London.

In this hotel, most of the employees are gay.
All of them they have sexual contacts or intercourse at work. We have reasons to believe it, because it happens in every were, rooms with guests, service elevators, their offices, toilet, changing room...it happens in common places, places that all of us we use.
Not only these, as well they use napkins to clean theirs selves after, they throw away on the sink their remains, I mean (pu), condoms some time.
Every one Knows, bat they are part of it and nobody cares.
As well there is people who are following medical procedures, and leaver exams.


HR, they don,t do anything, because is like a big family where every one takes part of the party.
As well HR, started to follow me, to check what I know, and what I say, using the staff to kind of interrogate using my colleagues.

This is not the worse thing there, there are even worst things. Things that I don,t even know to whom I can go with it.

But what it worries me is health.

My question is

If there is any suspicious that it could be any sexual disease around, even knowing that it could be VIH, there is no need to tell that they have the right to work and to be treated the same, avoiding any kind of discrimination.

But what about if there is not care at all about hygiene?
Should I leave the job?
What I should do?
What the company should do? should do something? Is there any thing what I can do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-q6hjriqy- :

Hi

JACUSTOMER-q6hjriqy- :

Hello?

JACUSTOMER-q6hjriqy- :

sorry I had to leave yesterday.

JACUSTOMER-q6hjriqy- :

sorry, I had to leave yesterday.

JACUSTOMER-q6hjriqy- :

sorry

JACUSTOMER-q6hjriqy- :

Sorry yesterday I could not attend

Ben Jones :

Hi no problem, but can you please let me know how long you have worked there for?

JACUSTOMER-q6hjriqy- :

almost 5 years

JACUSTOMER-q6hjriqy- :

the thing is I have chat with you before

JACUSTOMER-q6hjriqy- :

Probably you don,t remember me, bat I have spoken before with you,

JACUSTOMER-q6hjriqy- :

A while ago, I have problems with one of my supervisors.

JACUSTOMER-q6hjriqy- :

They were pushing me out, I did a complaint in HR, they did a disciplinary expedient to her and we carry on till now. Before I was confused, she was pushing me to go but, no one tell me anything against me as a employee and we carry on working together. My situation is the same as before, but now I am knowing many things that I didn,t Know before, wich is all of these, and now they want me to go really really.

JACUSTOMER-q6hjriqy- :

I am sure that they are doing a kind of investigation about me, trying to catch me in anything wrong.

JACUSTOMER-q6hjriqy- :

What I can do now?

JACUSTOMER-q6hjriqy- :

If you where me what do you do?

JACUSTOMER-q6hjriqy- :

if you were me

JACUSTOMER-q6hjriqy- :

they were recording me but using me colleagues to talk to me, and recordering with the phones to check what I know

Ben Jones :

Hi, sorry we keep missing each other when we are online. In relation to your query, a good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage matters in order to reduce any obvious health risks at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence.

The Health & Safety Executive has published a guidance booklet on what employers and employees should do if there is a risk of infection with such viruses:

http://www.hse.gov.uk/pubns/indg342.pdf

Another useful guide can be found here:

http://www.hepatitisscotlandb.org.uk/index.php/download_file/view/13/

So if you believe that the employer is not taking any steps to reduce any obvious risks of cross-contamination and is exposing its employees to infection, then you can certainly raise this as a health and safety issue with them. You have the formal grievance procedure at your disposal, but if that does not resolve the situation then you have to consider whether it is worth taking the matter further. You can complain to your local authority environmental health department, and finally you may also consider the final step of resigning and making a claim for constructive dismissal in the employment tribunal.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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