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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63250
Experience:  Qualified Solicitor
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Assistant: How can I help? i work at a wareouse,last week 28

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Assistant: Hi. How can I help?
Customer: i work at a wareouse,last week 28 people got a bloodtest for TBC,25 people came out positive,the thing is the company knew about this 2 months ago,but didn't said anything,they still dint told us nothing.
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: the managers knew,the where keeping a secret,and i wanted now a lawyer opinion
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: emloyee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: only this

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

Is there anything in your employment contract that states the employer may carry out random drug tests?

Also, what is your specific question in relation to this and how long have you personally worked for the business?

Customer: replied 5 months ago.
i dont know,i have to check the contract,i work here almost 3 years,i just want to know what we can do,regarding that the company knew there is possible infection and they didnt warned us,they let us work for 2 months like that.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. 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:

  • 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.”
  • Provide and maintain plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health
  • Ensure that places of work under the employer's control are, so far as is reasonably practicable, safe for work and without risks to health

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.

However, health and safety failings can also amount to a breach by the employer of the implied term of trust and confidence. This is an implied term which exists in every employment relationship and its breach can allow the employee to consider resigning and claiming constructive dismissal, subject to having at least 2 years’ service.

You should raise a formal grievance about this and 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.

Does this answer your query?

Customer: replied 5 months ago.
thnx alot,have a nice day

All the best

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