Furlough Laid off work for questioning H&S

macman

You certainly do have a contract, but it's a verbal one. Which of course leaves you in a much weaker negotiating position.

Bexkev123

Bradden said:

..and to answer my own question - quoting the HSE:
You do not necessarily need specific training or qualifications to carry out a risk assessment. As an employer, however, you must appoint someone competent to help you meet your health and safety duties. A competent person is someone with the necessary skills, knowledge and experience to manage health and safety.

The OP IMHO clearly meets this threshold from what they have written.

Thank you 😊 don’t have any jobs going do you? Haha you sound like a sensible and mindful employer, and I just want to reiterate that I didn’t want to not work, extend furlough or take the Micheal, I just really wanted to feel safe at work, and hand sanitiser in a pub environments with no other measures just seems like a massive risk to public health! 

EssJayD

It doesn't leave OP in a weaker position at all.  It now becomes a he said/she said situation and employers stance has shade thrown at it due to their handling of this situation.  Employer now needs to demonstrate that lay-off is provided for in a contract and that OP was aware of its existence.  Of course if they consulted, had notes from the discussions etc then the evidence would be there.

Thrugelmir

Bradden said:

..and to answer my own question - quoting the HSE:
You do not necessarily need specific training or qualifications to carry out a risk assessment. As an employer, however, you must appoint someone competent to help you meet your health and safety duties. A competent person is someone with the necessary skills, knowledge and experience to manage health and safety.

The OP IMHO clearly meets this threshold from what they have written.

No official guidance has been released for the hospitality industry yet.  Nor which establishments will be able to reopen on the mooted 4th July date. That's a little time away yet. Seems premature already not to be expressing personal concerns as to safety, though such an environment cannot be guaranteed to be 100%. Telling a manager how to do their job is never a wise thing to do. Not least that the reduced capacity is going to result in a far lower staff requirement.  

poppy12345

Bexkev123 said:

unforeseen said:

It sounds like you were trying to think of every reason under the sun why you should stay on furlough. 

  I’m looking after my dad who will die if he gets covid, so excuse me for waiting to be safe at work and not catch this virus! 

Yes and so are a lot of other people, yet they have continued to work since lockdown began. They just have to stick to strict hygiene rules when returning home from work and that includes taking your shoes off when entering your home. We have members on here that do exactly this and more.

Thrugelmir

Seems as if you have a chip on your shoulder. Without making a profit a business hasn't a chance of survival.  Even profitable businessess fail due to a lack of cash. Running a business at the best of times isn't easy. 

Galloglass

Here is a guide from a respected employment lawyers. Pick the answer that suits your situation best. Box #6 according to your later comments.

Grumpy_chap

I think the OP needs to establish whether they have been laid off (temporary) or sacked / dismissed (permanent).

The Government is publishing guidance for COVID-secure work places for each different type of business sector.  I don't think this guidance is available yet for bars, or whether they will be permitted to open indoor and outdoor from 4th July or just outdoor.

Assuming the OP has not been dismissed, then the OP needs to decide whether they will go back trusting the employer to have done the best they practically can, or whether the OP wants to find another job anyway.  Given the financial challenges in the hospitality sector, there will almost certainly be redundancies in every bar - the OP may have pushed themselves to the front of the line.

NitroBN

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