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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75057
Experience:  Qualified Solicitor
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I want to ask what to do or what can I do if I have problem

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Hello, I want to ask what to do or what can I do if I have problem in work.
JA: Where are you? It matters because laws vary by location.
Customer: In Bradford
JA: What steps have you taken so far?
Customer: I am out of power I just turn of 180 degrees and went out from work. It is complicated situation, but it is about health and safety
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have no idea :'(
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
JA: OK. I'm sending you to a secure page to join JustAnswer. While you're filling out that form, I'll tell the Expert about your situation and then connect you two.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Please provide some more details of your circumstances. Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 7 days ago.
Hello. well, I am working in Food Factory as Machine Operator. I clening bins and equipment and machinery to be clean for food production. My problem is ignorance in work about health and safety. I have injured year ago because of no my fault. I spent 4 weeks at home because I broke my finger. When I came back to work, I was repeating why it happened, I advised everyone how store heavy parts on the stands to avoid any other accident. No one listened me so I just gave up and I do it by my self which is not my job. That's old story. Now... 4 months ago my ladder just broke. The was broken step. It took 2 months they fixed it. If I wouldn't say anything, they wouldn't do anything. Once they fixed ladder by welding step it broke again but on another place so it couldn't be fixed again. I reminding nearly every single day that I need high ladder. They didn't order one, just gave me lower on which I was unable to do my job properly. I argue with managers every single day but only promises from their side. Two weeks ago I weared Black Hat and I bought my own PPE as strike to show everyone that I am risking my life in work. Today my manager came to me and said that I have to wear white hat. 10 minutes before it happened I washed one big machine by using not safety ladder. No one said anything. That I am breaking the health and safety rules. I know that I broke HaS rules but I have to do it if I want to do my job properly. If I wouldn't do it it would do someone else. I said my manager. I won't wear White hat until my ladder will be back. They ordered new one for me 2 weeks ago when I bought black outfit. I really love my job but I am out of power and energy of this. I don't want to lose my job because of black outfit. I want just company to provide me safety equipment.
Customer: replied 7 days ago.
I am really no good in English so it is better way to write for me

Thank you. How long have you worked there for?

Customer: replied 7 days ago.
Over 3 years, will be 4 years

So what do you specifically want to know about this?

Customer: replied 7 days ago.
I said my manager that I won't wear white hat (I will keep my Black one) until I won't get safety ladder. I turned and gone. What can I do to don't lose my job. My hat is about color and my work without safety ladder is about my life.
Customer: replied 7 days ago.
He said Ok you can work on the line until it will come. But in this case would do my job someone else, just without complains... I am the problem because I am saying the truth. I am pointing to rules. Anyway they command me to wear another hat. I won't wear another hat just because I already breaking HaS rules every single day, because of management...
Customer: replied 7 days ago.
Ok I will see my GP and will talk with him about it. Because I am really out of power to argue about color of my helmet and do risky job every day. It is daily stress for me. I thought that you will tell me something about you are right, or not, you have no rights, or something like this...
Customer: replied 7 days ago.

Thank you. Please be reminded that I initially advised this is not an instant service.

Going back to your query, Employers have general obligations under law to look after the health, safety and wellbeing of their workers and they must do whatever is considered reasonably practicable to achieve this. Many of these originate from The Health and Safety at Work Act 1974 and The Management of Health and Safety at Work Regulations 1999, which include the following obligations:

- Provide a safe place of work, including safe environment, plant and systems

- To carry out various risk assessments and to control any identifiable risks

- Provide adequate training for any health and safety related tasks

- Provide adequate facilities for staff welfare at work

Under common law, the employer also has an implied duty to provide reasonable care of its workers and that includes the more general obligations of preventing hazards, injury or death.

If there are concerns with health and safety risks or breaches in the workplace, the first step would be to raise a formal grievance to officially bring the issues to the employer’s attention. The outcome of the grievance can be appealed if it is not satisfactory.

If the grievance does not help resolve the issues, it is worth checking whether there is a formal health and safety reporting policy which can be used to make a formal report to the employer, or other appropriate body. The Health and Safety Executive (https://www.hse.gov.uk/) is the central enforcing body for health and safety laws, so any breaches of health and safety can also be reported to them if necessary.

If the employer fails to take the necessary steps to deal with any obvious health and safety issues, or whatever they have done is unreasonable and wholly inadequate, it is also possible to take further action under Sections 44 and 100 of the Employment Rights Act 1996. These provide certain legal protection where employees refuse to come into work because they genuinely believe they are going to be exposed to a serious and imminent danger. If an employee relies on this protection, their employer should not penalise them in any way and if they do, they could potentially challenge it further in the Employment Tribunal.

Finally, if the employee is penalised or dismissed for bringing health and safety concerns to the employer’s attention, that can amount to an automatically unfair dismissal and you can challenge them in the Employment Tribunal.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 7 days ago.
Thank you very much. Yes it helped me with my problem. I wish you nice rest of day and once more, thank you very much ;)

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best

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