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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59768
Experience:  Qualified Solicitor
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I just want to ask you couples of question,I have got

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Hi,my name is***** just want to ask you couples of question,I have got problem with my employer,I am working as builder on contract,not self employed,because I constantly asked them for new boots and new uniform,but after about more than 2 mouth they didn't give anything so I didn't come to work and I did text them because " I don't have any safety boots" yesterday they just kick me off ? Pls can you advise me what I can do now? I can forward to you email what they send me yesterday afternoon, thanks for any answer, Zdeno
Assistant: Have you discussed this workplace safety issue with a manager or HR? Or with a lawyer?
Customer: I discussed that with office manager
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Enployee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I don't want to do any problems to them but i really don't like what they did to me

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

OK if you can copy and paste the email on here I will take a look. Please can you also tell me how long you had worked for this employer?

Customer: replied 3 months ago.
I am working for them almost 1 year

Thank you. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. These duties can be summarised as follows:

{C}· Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.”

{C}· Provide and maintain plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health

{C}· Provide and maintain a safe working environment with adequate facilities and arrangements for welfare at work.

In addition, when it comes to safety equipment, the law says this:

http://www.hse.gov.uk/contact/faqs/ppe.htm

“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.”

The Health and Safety Executive is the central enforcing body for health and safety law, so any breaches of health and safety can be reported to it if necessary.

Finally, if the employee has previously officially raised concerns about health and safety and in turn they have been either treated detrimentally or dismissed, that can amount to detrimental treatment following whistleblowing. This is also a claim which can be pursued in the employment tribunal.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 3 months ago.
Sorry,I spoke with them yesterday, I did not told them about you,as I said,I didn't want do trouble to them,but please can you call me back any time,I need to speak with you,thanx Zdeno

Hi unfortunately I am in court all week so cannot take calls but please post any further queries you have on here and I will help

Customer: replied 3 months ago.
Sorry I press wrong bottom, i was not aressted,sorry,but problem is they talk to me like all is my fault

Ok but did you read all of my comments in my original answer above as that answers your query on what your legal rights and options are?

Customer: replied 3 months ago.
please is there anybody else who can call me and I can explain everything what happened to me,if is possible***********my number,thanks Zdenko Kopsik

Your call request is open to all other experts but it depends on whether anyone else is available to take it - if they are they will accept it and you will get notified

Customer: replied 3 months ago.
I did read everything,

ok and do you have any further queries on it?

Customer: replied 3 months ago.
Did you received my last message? Can you please write for me some letter which I can sign and send to that company,because they said that I left them without notice,but is not true,so I haven't got any job now and I need to go to jobcentre,thanx,Zdeno

Drafting documents is charged extra but I can use the phone call charges to do the letter instead?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 months ago.
please !!!

ok I will reply soon

Customer: replied 3 months ago.
Thank you very much,Zdeno

SO just to clarify, you want a letter which says that you did not leave without notice because of the issues with safety equipment?

Could you please answer that last part so I can start the letter

Customer: replied 3 months ago.
please,I want satisfaction for what they did,because I need time to looking for job,and they need to give me notice so I could go to job center,Zdeno

Dear X

I strongly disagree with your statement that I have just left your employment without notice. I was forced to leave due to the serous breaches of health and safety that you had committed and had no option but to terminate my employment as a result.

I wish to remind you that Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.” This includes the provision and maintenance of safe working environment with adequate equipment, facilities and arrangements for welfare at work.

You failed to provide me with adequate Personal Protective Equipment and that placed my job under a health and safety risk. I tried to resolve this with you but my requests fell on deaf ears and as a result I had no other option but tom resign. As this amounts to constructive dismissal, I was entitled to leave immediately and without serving any notice.

I therefore request that you acknowledge my constructive dismissal and confirm my dates of work so that I can engage JobCentre Plus to seek further work. Failure to do so would mean I have no other option but to report these breaches to the Health and Safety Executive and also hold you loable for any ongoing losses of earnings.