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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work in a small warehouse picking items for delivery to a

Resolved Question:

I work in a small warehouse picking items for delivery to a customer. I used to be on my own, but recently some work colleagues are now picking for a different customer, but are in the same warehouse. They have started to play music quite loud from either a radio or mobile phone. What rights do I have not to have to listen to it?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you al]l employed by the same employer?

Customer:

Yes

Ben Jones :

How long have you worked there for?

Customer:

Nine years

Ben Jones :

Have you raised the issue formally with the employer or was it just informal complaints?

Customer:

It was not written, I just spoke to my line manager. They were asked to keep it lower but it keeps getting louder

Ben Jones :

There is nothing specific in law that says music cannot be played in the workplace or at what volume and by whom. The employer will have a duty to look after your health and safety at work and if the volume of the music is loud enough to potentially damage your health then they would need to take steps to reduce that to ensure you are not unnecessarily exposed to such risks.


 


However, I would assume that the volume is not that loud to actually pose a health risk and it is more of an annoyance than anything else.


 


You have the right to make a formal grievance complaint to the employer about this and this would prompt them to hold a formal grievance procedure, formally investigate the issues and come to a formal decision, which you can appeal if you are unhappy with. For example this could be deciding that the volume should be turned down or that if people wanted to listen to it they may do so through headphones. But it is for the employer to decide what needs to be done about this.


 


If the grievance does not help and this is still an issue for you, then unfortunately there is no easy way to pursue this further. The only option open to you is to resign and make a claim for constructive dismissal. This is where you are forced to resign because of the employer’s or another employee’s unreasonable behaviour that was serious enough to make you leave. It is a risky move though as you will be placing yourself out of a job and the claim is not that easy to win, but it is a last resort option if necessary.

Customer:

I did try to to sort it out with the others, but when I did I was verbally abused and threatened. I made a formal complaint about that. After about seven working days I had no feedback and another altercation occurred between me and the same person. This time he complained about me. A director interviewed me and said he hadn't got time for this and we needed to sort it out between us. I was told recently that the other person has been found to blame for the original altercation but that we need to get on. That is the current situation. I have now taken my own radio in but I can still hear their music and I am always having to ask them to turn it down. Is the director being negligent in his responsiblities?

Ben Jones :

To an extent, yes - he cannot just leave you to try and resolve matters between you especially when that may not be possible, As an employer he would need to take a stance on this and perhaps issue a warning, even if it is to each party, to have the matter resolved, with further issues resulting in further disciplinary action. But you cannot force the employer to act - if they do not and you have gone through the full grievance process, then constructive dismissal is still the only option

Customer:

Thanks for your answer. I shall have to give it some serious thought.

Ben Jones :

you are most welcome, hope you resolve this one way or another

Customer:

Thanks again, it has been helpful although the road ahead looks rocky!

Customer:

I am ready to make a rating but am unable to

Ben Jones :

Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Customer:

Thanks, ***** ***** was a Good Service

Ben Jones :

Many thanks, noted

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