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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was working employer, as a night worker,

Resolved Question:

I was working for an employer, as a night worker, for over 8,5 years and I was never offered a medical assessment as mandated by the Working Time Directive 1998. Do I have a claim?
I only find out about this because I changed jobs to a similar one and I was immediately offered a medical assessment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you still working for them and if not when did you leave?
Customer: replied 1 year ago.
I left for another company on the 28 of August this year
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Failure for an employer to arrange a health assessment for night time workers is an offence under Regulation 28 of the Working Time Regulations 1998. The way this breach is enforced is through the Health & Safety Executive. They are the enforcing authority for this particular offence and they would investigate your complaint and decide on what, if any, further action is necessary. If needed, they could fine the employer or require them to change the practices and policies. Unfortunately, they do not compensate you so you would not be entitled to any compensation for this – you would in effect serve as the evidence that the HSE would need to take enforcement action against the employer and deal with it. To report this you can use their online form here: http://webcommunities.hse.gov.uk/connect.ti/concernsform/answerQuestionnaire?qid=594147 I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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