sent home from work in the night

dickydonkin

The case quoted is irrelevant - the reason the employer was held liable was because it had required the employee to work excessive hours in breach of health and safety guidelines.

What 'health & safety guidelines' would they be in relation to working excessive hours? please enlighten me - I thought the WTD covered that aspect.

The case I highlighted resulted in the defendant breaching (I hate quoting regs) section 2 and 3 of the H&S at Work Act. The prosecution page of the HSE here will confirm this.

I am not going to go into song and verse about this, but the very relevant example I described was a landmark case as it clearly shows that the judge believed the employer did not show a duty of care to his employees or others affected by their actions - even after working hours and not even being on the employers premises.

Section 3 of the HASWA is aimed at protecting those who are not in the duty holders employment but may be affected by their operations(in this case other road users and very likely the truck driver).

This was a clear dereliction of duty by the employer in respect of the HASWA and was made to pay the price - although not as big a price as the employee.

Thankfully - nothing occurred in the situation involving the OP - however, if the OP was attacked or worse - she would only be in that situation because her employer put her there.

OP is an adult, it is up to her to get herself home safely.

What a crass comment.


I wonder if Susie Lamplugh's parents or the other 'adult' women who have been attacked or raped think the same!


I don't know if you have a daughter, but mine is an adult and I certainly would not be happy if she was sent home by a seemingly inept stand in manager in the middle of the night.

vax2002

I would write to the company making a counter allegation and ask for the whole matter to be referred and investigated by a senior management, that you felt harassed, threatened and was denied to REQUEST to wait and have someone collect you from work, as a result of this you had to walk alone at night, you felt physically threatened enough not to remain at the premises in defiance of the unusual order until you had arranged transport home, ask what would have been harmed by waiting for transport.
Ask did the person in charge have a duty of care and a responsibility under the health and safety regulations to ensure that you were not left to walk home at risk after been refused a request to remain in the safety of the premises until the request to go home had been obeyed. As the order to leave the premises was made during a shift, you are still at work for the period you are asked to leave.
Ask the investigation to look at why the supervisor deemed it in appropriate to allow a lone female to remain in the safe quarters of the premises until safe passage had been arranged.
That the supervisor became aggressive, threatening and was unprofessional in shouting aggressively in front of other staff.
Then state how the incident has made you feel, how you feel now, do you feel bullied ? harassed, upset ? write it all down and get it e.mailed and followed up by a hard copy in writing.
Dont delay, do it now.

liney

dickydonkin wrote: »

What a crass comment.

I wonder if Susie Lamplugh's parents or the other 'adult' women who have been attacked or raped think the same!

I don't know if you have a daughter, but mine is an adult and I certainly would not be happy if she was sent home by a seemingly inept stand in manager in the middle of the night.

The OP is an adult and should indeed be capable of making arrangments to get home safely. In fact she did make arrangments, and she did get home safely, as i'm sure she would on a night out. Suggesting that she is not capable, because she is a woman, I find quite patronising!

The supervisor told her to leave but she could have waited outside if she had chosen and please note, it wasn't even Midnight, so hardly the middle of the night.

Essentially she managed to have a row, another problem, and then a refusal to meet with her manager in less than 2 hours at work.

Emmzi

yes, let's drag isolated sensationalist arguements into it...

OP is a grown woman, had the option to stay outside the workplace until lift arrived, or to call a taxi.

And seems to have managed not to get herself killed.

dickydonkin

Suggesting that she is not capable, because she is a woman, I find quite patronising!

I did not suggest that at all - what I did state that many women (and you cannot dispute this) are attacked on a weekly basis and many at night.

Why do the likes of the AA and RAC prioritise lone women who have broken down in their cars - are they patronising as well or should they also assume they will have mobile phones, are adults and can look after themselves?

Many on here defending the action of the employer (many I suspect are HR people or management themselves - so no surprise there) would be singing a different tune if it was their daughter or wife.

I agree we don't know what the argument was about or indeed the circumstances - but the actions of the stand in manager was indefensible IMO.

vax2002

Bootlickers day out or something ?

SarEl

LazyDaisy is correct - the precendent is about the employer breaking the law within work as a result of excessive and unlawful hours which then directl;y contributed to the resulting accident as a result of exhaustion. I have to agree with other posters here (many of whom, like me, are women - and presumably like me, women who actually do go out after dark!) - the OP had a variety of choices available if she did not want to walk home on her own, including waiting for someone to come for her or phoning a taxi. It seems to me that this is something of a red herring - what does it matter? It has no relevance whatsoever to the reason that the OP ended up going home at that time, and I doubt that the employer will be as easily diverted from whatever disciplinary measures they may take as a result of her actions in arguing with her manager and refusing reasonable management instructions by this matter as it would appear that the thread has. That is the real issue and the one that the OP should be worried about.

SarEl

dickydonkin wrote: »

I did not suggest that at all - what I did state that many women (and you cannot dispute this) are attacked on a weekly basis and many at night.
.

...And, statistically speaking, by people that they know! The vast majority of attacks on women are carried out by a person they know; more often than not an aquaintance, friend or relative. Therefore you could just as easily argue that the OP was safer walking home on her own! Whilst "stranger rapes" do occur, the fact is that they are more widely reported and more often sensationalised precisely because they are actually far more uncommon. Their profile serves to make women more fearful of such attacks when their greatest risk is actually in entirely different situations.

heretolearn_2

Actually I believe young men are the highest risk group for being attacked.

I also wouldn't call 12 the middle of the night (ha, even though it is midnight). It's not like 4 in the morning.

The OP had a choice - wait for boyfriend or walk. She chose to walk.

Comparisons to Susie Lamplugh are ridiculous - totally different situation to arrange for a woman to go alone to meet an unknown man in an unknown location with no security double check as part of her work duties, than for someone to take responsibility to get themselves to and from work.

I'm out and about at all hours. I refuse to have to live under a curfew because of a few rare incidents. Most rapes/murders are done by the woman's boyfriend/ex/neighbour/friend. The incidence of random attacks is extremely low, and certainly not happening 'every week'. But that's my choice. The op also had the choice to wait for her boyfriend but didn't.

Poppy9

The OP hasn't even told us the location of her work premises. She could have been working in the centre of town with or on a remote industrial estate.