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Sacked in the morning ??? (Workplace Covid issues)

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  • You don't want to go down the unfair dismissal route, the tribunals etc are set up to side with the employer most of the time and you won't get the compo you expect. 
     Reading between the lines you're either not in a union or they're not effective. I'd suggest invoking Section 44 of the Employment Rights Act which allows you to refuse to enter an unsafe working environment.  
    There is legal protection in doing this (ie a responsible employer shouldn't fire you for doing it but it doesn't sound like they're particularly responsible). At the very least your boss needs to share the risk assessment he's done that shows you would be safe. 
  • Exactly what I was going to say - Section 44 protects you here 
  • Thanks. Will look into section 44. Many thanks
  • Agree with Rananegra says about section 44, there are template letters from the teaching unions which could give you some hints in terms of wording and approach.

    other thought, have you looked at what other gas maintainer websites are saying in terms of their approach at the moment British Gas home care spring to mind and the like - https://www.britishgas.co.uk/the-source/keeping-you-safe.html

    it could give a suggestion as to gaps your employer could be missing 
      
  • Don't have anything to add but good luck mate.
  • boiler services and landlords gas safety certs i thought were given a 6 month grace period. 
  • edited January 5
    Fumbluff said:
    Forward the email to your local TV news
    For the avoidance of all doubt @Gasman absolutely do NOT do this. 
    This.

    That’s why i said earlier to read the bottom of the email. The bit about confidentiality.
  • Good luck Gasman. Remember, they need you, as much as you need your job. 

    If you feel anxious or stressed, just remember Bauer in the last minute = Instant happy feeling. 👍
  • Its not essential but every company owner has their own idea of essential, so until the government are clear people like yourself will continue to be exposed.


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  • Gasman said:
    This is a question and not a criticism - but if you're being careful, taking full precautions and wearing the correct PPE then what is the issue?
    good question , we are very careful but not many residents are. only a few times has a resident put a mask on for example. and no matter how much PPE I use its not 100%. 
    the attitude of some is shocking.
    Not very helpful I know, but I live in France and when we have deliveries/visits from handymen, etc. we get an email/SMS a couple of days in advance reminding us of the appointment and the sanitary/health regulations to follow. No 1 is always “No mask, no delivery or no service”!
    I can’t understand some people in the UK and their unwillingness to think of others!
  • Gasman said:
    Will let you all know what the outcome is tomorrow. Cheers
    If you do end up going down the wrongful dismissal route, in order to be successful, then you need to have done everything you can while employed to mitigate this happening.  You should refer to the company grievance policy (which they are by law required to have as part of your employee T&C's) and start your dispute/grievance as per how that policy states. That would focus their attention, and may save you a lot of grief later on if the worst comes to the worst.
  • The HA will have quite clear P&Ps for those staff members working in residents homes during the pandemic.

    As an example, L&Q advise residents;

    Our contractors will contact you to book an appointment. They’ll ask if anyone in your home is unwell, self-isolating or has any concerns about the inspection being carried out. If so, we’ll get back in touch at a later date to arrange a new appointment.

    On the day of your appointment, our engineers will ask the same questions to make sure there’s been no change.

    When they’re working in your home, they’ll wear protective clothing, such as face masks and gloves, and ask you to stay in another room, if possible, while they work. This is to protect them and you as they go about their work.

    Once they’re done, they’ll use wipes to clean any surfaces.

    We’re doing all we can not to put you at risk – our gas contractors provide daily reports on any engineers who are self-isolating or unwell. We won’t send anyone we know is unwell into your home.

  • Gasman said:
    This is a question and not a criticism - but if you're being careful, taking full precautions and wearing the correct PPE then what is the issue?
    good question , we are very careful but not many residents are. only a few times has a resident put a mask on for example. and no matter how much PPE I use its not 100%. 
    the attitude of some is shocking.
    Not very helpful I know, but I live in France and when we have deliveries/visits from handymen, etc. we get an email/SMS a couple of days in advance reminding us of the appointment and the sanitary/health regulations to follow. No 1 is always “No mask, no delivery or no service”!
    I can’t understand some people in the UK and their unwillingness to think of others!
    Work out who is in charge and then you will realise why so many ignore the half heartedly given stay safe instructions. 
  • Gasman said:
    Little update. Im still employed but was told to get on with my job although they have agreed to change our policy of 90 day b4 certificate expiery to 60.  Talking to my work mates they agree with me 100% but dont want to be named. Guess i have to put up with it or leave. Think i will join the union for future advice. 
    Many thanks again.

    On issues like this, money well spend.  If you end up in a tribunal or need to sue for failure to meet their duty of care to you and tennants they will provide the legal advice.

    I am surprised they would ignore the safety at work acts, some created here in  UK such as the Safety at work Acts 1974 and 1977 plus EU directives on this. The government were supposed  to incorporate  those in to UK law when we left the EU but don't hold your breath, they are trying to shred human rights at the moment by avoiding incorporating them into a Brexit deal. In my opinion  a union membership is as valuable as AA or RAC membership for your car.  
  • Gasman said:
    Little update. Im still employed but was told to get on with my job although they have agreed to change our policy of 90 day b4 certificate expiery to 60.  Talking to my work mates they agree with me 100% but dont want to be named. Guess i have to put up with it or leave. Think i will join the union for future advice. 
    Many thanks again.

    I think that's fair tbh. 2 months before expiry is not too out there I would imagine. I would make sure you get it in writing though as these things often come back to bite you in the future. Arse covering.
  • Daniel Barnet who is the LBC legal eagle was on Nick Ferrari this morning, he told a woman who worked for a large supermarket that if she felt her employers were not doing enough to protect her due to COVID then she had the right to stay at home and they cannot sack her for doing so.
  • No, they will probably sack her for something else.
  • Gasman said:
    This is a question and not a criticism - but if you're being careful, taking full precautions and wearing the correct PPE then what is the issue?
    good question , we are very careful but not many residents are. only a few times has a resident put a mask on for example. and no matter how much PPE I use its not 100%. 
    the attitude of some is shocking.
    Not very helpful I know, but I live in France and when we have deliveries/visits from handymen, etc. we get an email/SMS a couple of days in advance reminding us of the appointment and the sanitary/health regulations to follow. No 1 is always “No mask, no delivery or no service”!
    I can’t understand some people in the UK and their unwillingness to think of others!
    I live in France too but I have never had any such email or SMS despite having had at least 20 deliveries during December..
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