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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can an employer make you work a larger machine when an employee

Resolved Question:

can an employer make you work a larger machine when an employee has just been made redundant on it
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. Can you please provide more details of your situation?
Customer: replied 1 year ago.

at my company there are 2 boring machines , one larger . a collegue has just been made redundant from the large machine, and iwill not work it because of back problems and i am 63.can they make me work it

Expert:  Ben Jones replied 1 year ago.
How long have you worked there for and does your contract state that you can be asked to work on that machine?
Customer: replied 1 year ago.

27 years and as far as i no have no contract. i work a smaller machine

Expert:  Ben Jones replied 1 year ago.
Generally you would ideally want to reference a contract to see what your nominated duties are and what the employer can or can’t ask you to do. However, in the absence of one it would come down to what is accepted practice, what you have done in the past, what your colleague have done, etc. So if it is accepted practice for your colleagues to move between machines or you have done so in the past, the employer could ask you to do it. However, if the reasons you cannot work on that machine are due to your bad back, then the employer will have a duty under health and safety laws o ensure that you are not exposed to any risks. If working on that machine in your condition will expose you to risks or harm or make your work unsafe, then they need to ensure that this does not happen. Whilst they could try and introduce certain measures to reduce the possibility of risk or harm occurring, if that is not possible then you simply should not be asked to work on that machine. Make t clear that the reasons you cannot do that are health related and remind the employer that they have a strict duty under health and safety regulations to ensure you are not exposed to harm or risks in the workplace. 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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