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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44892
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm working in food industry as a quality technical,

Customer Question

Hello! I'm working in food industry as a quality technical, maidstone location, kent ,uk, that's my second time when I had a really bed allergy from testing their products. First time I have been in a emergency room, second time (few hours again ) in my Gp office. Please give me an advice for my next one. No one from there will take an action. All know what happened (managers have been informed )but.. all quite. Please if possible help me with an advice. Thank you!
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

Have you reported these incidents to your employer?

Customer: replied 2 months ago.
Customer: replied 2 months ago.
I can get any time the proof from emrgency room and from my GP
Expert:  Ben Jones replied 2 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 2 months ago.
Thank you, ***** ***** an a answer
Expert:  Ben Jones replied 2 months ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 2 months ago.

Many thanks for your patience. 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 activities to reduce any potential incidents 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.

Your other rights will be linked to discrimination legislation, if your allergy can be classified as a disability. A disability does not just include physical issues in the traditional sense of the word and just about any condition can qualify if it meets the criteria for disability under law. In that case the employer would have a duty to make reasonable adjustments.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:

  • making adjustments to work premises;
  • allocating some of the employee’s duties to others;
  • transferring the employee to fill an existing suitable vacancy;
  • altering the employee’s hours of work;
  • allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
  • acquiring or modifying specialist equipment.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further if the employer fails to resolve things, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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