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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi,i am an mot tester for a multi million co [audi], every

Resolved Question:

hi,i am an mot tester for a multi million co [audi], every 40-45 mins i have to find my next job in the vast car park ,front or rear of garage 15 mins some times if blocked in,they refuse to give me wet weather coat,or make one availiable,or hi vis as cars moveing all the time backing in out of cleaning bay,my line manager flately refused as techs dont get coats,i am not a tech but surely they should have these availiable also ,i asked hr manager also but nothing ,so i whent to the boss he said hie last garage [bmw] had a couple of coats avail for use ,ditto ,at my previous ,but still nothing the stores ,service, and selective managers have got coats,now hr wont really give me eye contact ,i have been told boss wants a word , i would like to put him straight can you help please regards rob
Submitted: 3 years ago.
Category: 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. Do you have a specific question?

Customer:

whats happening now!! i have not had an answer from anyone regards rob

Customer:

i had no answer ,and ben came straight offline

Ben Jones :

Hi I am still waiting for an answer to my initial query above asking you what specific questions you had about your situation. I need this so i can direct my advice more appropriately

Customer:

hi ben,sorry just found your q, does an employer have to sup you with wet weather/hi vis,if i have to go outside poss every 35-45 mins to get my next job,ppe/duty of care/moraly,but legaly regards rob

Ben Jones :

Thank you for clarifying. Employers have certain duties under the Health and Safety at Work Act and under common law to take reasonable care to ensure the health, safety and welfare of their staff. Also, under common law, employers need to ensure their employees are provided with a safe place of work and a safe system of work.


 


When it comes to providing certain clothing, the rules are stated under The Personal Protective Equipment at Work Regulations 1992, which says that "Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective."


 


This would include the provision of personal protective equipment (PPE), but only if without it the employee will be exposed to a health and safety hazard. Whilst the majority of situations covered by this would be industrial ones, for example people working in factories, with machinery, etc, it does cover every employment as long as there are risks to an employee's health and safety.


 


So in your situation, you can claim that the risks are exposure to the elements (assuming that you spend most of your time outside) as well as not being visible to other drivers. Whilst you can raise this issue with the employer, you cannot force them to act. If they refuse then you are really looking at other, more drastic options to try and resolve this. Whilst a formal grievance is the first step, the next one is usually resignation and claim for constructive dismissal, which can be risky. So I strongly suggest you try and resolve this internally with the employer, bringing to their attention the legal requirements they must adhere by.

Customer:

hi thanks very much

Customer:

hi thanks very much,not really the best answer for me but its something i can put to them regards rob

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Customer: replied 3 years ago.


hi ben, thanks very much as i said not best answer,to me if its law they should comply,life is a bitch then you die,also although i am happy with your advice i paid £33 and i think this is ok,as i will prob loose my job as i dont like to be treated in this way regards rob

Expert:  Ben Jones replied 3 years ago.
I hope it will not come to that, dismissing you for raising a potential health and safety issue is unlikely to be fair...