Rights against a consumer..

melbell

(Asking this on behalf of a friend)

My friend works in a call centre. Customer services, She has had an air horn blasted down the phone at her because the customer was not happy in receiving a charge or similar.

She cannot hear in one of her ears.

Now can she take action against the company/customer?

brettcta

interesting question.

she doesn't work as a cold caller does she?

melbell

She works for an inbound only call centre, Basically you call in about your accounts. She says many people swear at her and get kids screaming down the phone at her.

As for the employer they give her "Ear muffs" like covers the the phone headset.

From what she says the doctors think its permanent.

bris

Was it recorded? If it has cased permanent damage then there would be a case for actual bodily harm.
Your friend should give a statement to the police.

melbell

Yes the call is recorded. She said the manager listend to the call and all he said was "We will report it and see if they will close the account - customer is king and all that"


She has this in an email from her manager.

melbell

brettcta wrote: »

interesting question.

she doesn't work as a cold caller does she?

Would it make it different if it was a cold calling job?

arcon5

I don't think it fair to pursue the employer - I just can't think of anything further they could do to prevent something like this, nor forsee something so ridiculous happening.

However, if she does pursue the customer there may be an issue with obtaining the customers personal information and the recording from company property. Doing so could have data protection implications and conseuqences from her employers. So make sure she liases with her employers at all stages, explains whats happened, what she is going to do about it and get them on board. The police though should be able to request this information legally without these implications.

As far as the consumer is concerned, if she is deaf permanently in one ear then do everything in your power to make she is punished.

adouglasmhor

I think it is perfectly fine to pursue the employer, automatic sound level cut of for telephone equipment has been around since the early 80s. Why was it not fitted?

melbell

Its wrong that the customer gets protection for what you guys say is a criminal offence

Ive worked in the same call centre before moving on, they use softphones and awful headsets, they use these http : / / www . plantronics . com/us/product/supraplus-wideband?skuId=sku4780014

Ive suggested to my friend that she go to the police, but she is scared of getting sacked.

MarkyMarkD

I have one of those headsets too ... there is nothing wrong with them.

Her employer should be taking this a lot more seriously than they are. My employer would at the very least ban a customer who did anything remotely like this (and customers who swear at staff). Criminal action is appropriate as there was no legitimate reason for this customer to do what they did.

redpete

melbell wrote: »

Ive suggested to my friend that she go to the police, but she is scared of getting sacked.

The employer has a duty of care to its employees, your friend seems to have been injured at work carrying out her normal duties - if this is true her employer should take more care against this happening than they seem to have done.