Who should pay? PPE

Alicewilks

My partner works for a company - it is not a big one and I don't think he always runs things properly. He works as a tree surgeon, and we have recently had to purchase new work boots and new work trousers at £300 a pair.

My question is, can we reclaim any of this back? Or should his boss be providing it? As it has to be worn in the work place due to it being PPE? I really don't know where we stand on this but after just purchasing out first home we don't have much cash to buy new trousers at £300 a pair every few months.

Any help is appreciated! Thank you

clarryd

Well £300 is a lot for PPE. But I'm sure you can claim this back via tax. You also get tax relief for washing PPE workwear it's not a lot but a few quid a month. But to be honest the Employer normally pays for PPE, but if you husband is self employed then he pays himself.

I am sure someone else on here will correct me if I'm wrong.

Zinger549

Just had a quick look on Google and they had some chainsaw trousers for under £100. Might be worth shopping around.

Claree__x

You can't claim it back through tax but you can claim tax relief on it.

rdr

If your husband is an employee then his employer must provide his ppe and it is illegal for him to charge for it.
Section 9 Health and Safety at work act 1974:-
[QUOTE]9 Duty not to charge employees for things done or provided pursuant to certain specific requirements
No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.[/QUOTE]

martinsurrey

http://www.hse.gov.uk/contact/faqs/ppe.htm

So the boss has to provide them, but he can also insist that they are left with him at the end of the day, and he gets to decide which ones to buy (so the cheapest ones that meet the required safety standard).

Its up to you if you want to challenge the employer, but £300 for boots and trousers seems steep, and it wouldn't be hard to manage your husband out if the owner doesn't like it.

(not saying its right or fair, just that its possible)

ohreally

Under section 9 of the HSW Act, no charge can be made to the worker for the provision of PPE which is used only at work. Section 9 of the HSW Act states: ‘No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions’. Section 9 applies to these Regulations because they impose a ‘specific requirement’, ie to provide PPE. It also relates to all charges including returnable deposits. An employer cannot ask for money to be paid to them by an employee for the provision of PPE whether returnable or otherwise.

There will be considerable differences in the physical dimensions of different workers and therefore more than one type or size of PPE may be needed. The required range may not be available from a single supplier.

compatibility

There will be considerable differences in the physical dimensions of different workers and therefore more than one type or size of PPE may be needed. The required range may not be available from a single supplier

From The PPE ACoP

comeandgo

Is your partner self employed? If so he has to provide all his own PPE. If employee company must supply it. But, I know some of our workmen prefer to get their own safety gear as its a bit like designer gear, they prefer certain makes and types. If they want to buy safety gear out with our listed supplies then they get an allowance to the value of our gear and buy it themselves.
They then tell HMRC at tax year end what they had to spend on safety gear and their tax code is adjusted.

darrens_here

As i understand, if employed or self employed the employer still has to provide PPE.

dickydonkin

As the statutory requirement for an employer to provide PPE has been well covered, it is important to mention that like most things, you get what you pay for.

As we are dealing with potentially lethal items of work equipment with the nature of the work introducing a secondary hazard of working at height, I would strongly suggest that sourcing the equipment from a reputable supplier and not going for the cheapest option would be a wise consideration.

Also be aware that there are a lot of fake items of PPE available and just because an item of PPE has a CE mark emblazoned on the product, this alone does not guarantee its authenticity.

darrens_here wrote: »

As i understand, if employed or self employed the employer still has to provide PPE.

comeandgo wrote: »

Is your partner self employed? If so he has to provide all his own PPE..

Not quite correct as from October 1st this year, self employed are exempt fro H&S legislation provided their operations pose no risk to others during their activities. A stupid decision IMO, but that argument is for another day.

Unfortunately, it does seem that the OP's partners employer hasn't bought in to the benefits of a good safety culture bearing in mind that it seems they won't provide the very basic requirements for their workers

phill99

darrens_here wrote: »

As i understand, if employed or self employed the employer still has to provide PPE.

Wrong.


If you are self employed, you are working under contract and a normal clause would be that contractors provide all necessary equipment and ppe, otherwise you will be barred from site.