Legal Conundrum

Tony_H_3

If you are required to do something in order to maintain your employment (legislation / law) and by doing so it causes another (legislation / law) to be broken, what do you do?

emsywoo123

Tony_H wrote: »

If you are required to do something in order to maintain your employment (legislation / law) and by doing so it causes another (legislation / law) to be broken, what do you do?

Bit too vague.

If I were a lift operator and asked to kill a man so that we did not have too many passengers in the lift, I have a strong suspicion I would say no. :rotfl:

Tony_H_3

Specifics:

I have to have a medical (group 2) and by doing so this will cause me to be financially worse off than my younger colleagues.

There may be options where I might be able to get some or all of the money back, but this doesn't change the conundrum.

nicechap

Could you explain how your first post relates to your second.

I'm guessing the thing you are required to do to keep your employment is have a medical?

Not sure how paying for a medical is against the law though.

getmore4less

which laws do you think are being broken?

gettingtheresometime

Tony_H wrote: »

Specifics:

I have to have a medical (group 2) and by doing so this will cause me to be financially worse off than my younger colleagues.

There may be options where I might be able to get some or all of the money back, but this doesn't change the conundrum.

Why would you be paid less? Do you have to pay for it?


Are you saying you have to have the medical because of your age or is it because of some other reason?

Tony_H_3

You have to have a medical at a certain age (legislation I think), which means colleagues whom are younger than you (age discrimination) do not. All I am asking is, is it right that Government legislation causes a law to be broken.

If your employer was legally responsible to cover the cost of the medical no wrong doing would occur. As it stands the burden of responsibility lies with the employee needing the medical.

If my thoughts on this are legitimate, are there any other circumstances where legislation causes a law to be broken? It makes me wonder.

tykesi

Tony_H wrote: »

All I am asking is, is it right that Government legislation causes a law to be broken.

But you've not told us what law it is you think is being broken?

getmore4less

I suspect OP thinks that needing medicals due to age is also covered by age discriminations laws.

Needs to be much more specific because I suspect the OP does not know what the age discriminations law applies to in enough detail to be sure it covers medicals on age grounds.

The Equality Act 2010 will be the specific legislation that will apply perhaps the OP can point to the relevant part of that.

Tony_H_3

tykesi wrote: »

But you've not told us what law it is you think is being broken?

If I am financially worse of because of my age is that not (discrimination) which I believe is illegal?

Tony_H_3

getmore4less wrote: »

I suspect OP thinks that needing medicals due to age is also covered by age discriminations laws.

Needs to be much more specific because I suspect the OP does not know what the age discriminations law applies to in enough detail to be sure it covers medicals on age grounds.

The Equality Act 2010 will be the specific legislation that will apply perhaps the OP can point to the relevant part of that.

Drivers of HGV / PSV have to have a medical at 45, then every 5 years to 65 and annually after that.

I had no idea that the Equality Act might have get out clauses, but even if it does I think it's wrong and discrimination. I always knew I would need a medical at 45 (it's been like that for years), but I never really thought about it. Now that time has come I think it's a little unfair that I will be financially worse off that colleagues under 45 year of age.

When all is said and done, from a personal point of view it's only a cost of £75.00 to £130 if you shop around for that medical. It's more about principle and whether or not their might be similar circumstances other employees which might cause discrimination.