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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64812
Experience:  Qualified Solicitor
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My employer has not taken any safety measurements at work

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My employer has not taken any safety measurements at work regarding the coronavirus, not hot water, no hand sanitizer, no posters, allowing public to come in and even bringing his own children in. I have asked for the above. I am 64 have had cancer. I have pointed this out. I am scared if I don't go in and he fires me
JA: Have you discussed this workplace safety issue with a manager or HR? Or with a lawyer?
Customer: I have tried but we are a very small company with 1 boss
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee for s small fencing company I am the secretary have been employed for 13 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just worried as I have followed the rules restricting contact with others. I am due to go back to work tomorrow. IF nothing has changed should I walk out

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Can I just check, are you a full time employee?

Customer: replied 12 days ago.
Yes
Customer: replied 12 days ago.
Email me at the moment

OK no problem and 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:

{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 information, instruction, training and supervision to ensure, so far as reasonably practicable, the health and safety of employees at work

{C}· 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

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

 

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.

 

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.

 

Does this answer your query?

Customer: replied 12 days ago.
Thank you I will read properly

All the best

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