Health and Safety Problems of Employers - Essay Example

Introduction: Good employees are an asset to an organization and it is the duty of the employers to see that they are treated well, and without discrimination. Employers also have to see that safety of the workers is paramount and should take measures in this regard. It may not be possible to remove the possibility of injury or other health problems totally. In case any employee is injured while on duty to otherwise an employer is expected to see that he is taken care of as per statute and ethics. Since there are so many issues related to employment that can create problems for both employers and employees, the State has brought forth a number of statutes, acts, and laws which can be used by both the above categories for their protection and availing of rights. This paper is an assessment of a case study which involves several issues with regard to potential health and safety problems of employers. It also involves issues of wrongful information and retirement of an employee due to injury. The assessment will be done with regard to the following two areas namely, the relevant statutes and acts which can be used here and the options available to the injured or affected parties. This will be in the form of an advice which can be accepted or rejected by those concerned. Background of the case: This writer had been appointed as an office assistant in a firm engaged in the business of life insurers in the UK called Ricky Gervais & Co Ltd. Many factors that have potential negative effects for employees within the office premises are noticed after reporting for work. The secretaries are not provided with proper chairs that have correct supports. They are made to work for long hours sitting in such chairs and are provided with outdated computer screens. A isolated incident of employee injury due to the prank of another employee also occurred as a result of which the injured party had to leave his current job and work for a lower pay. The company had done nothing with regard to this injured employee. The writer has also found that employee assessment by previous employees had been vindictive and untrue. It contained many false allegations with regard to performance, competence, and dependability. Relevant statutes: There are many recourses of law in the UK which could possibly used by the affected employees. They include the Employment Act of 2008, Health and Safety at Work etc Act 1974, Employment Rights Act 1996, Employment Relations Act 1999, Employer's Liability (Defective Equipment) Act 1969 and Disability Discrimination Act 1995. They can also take recourse of the employment tribunals in the UK if they so choose as per the provisions of the Employment Tribunals Act 1996. The Employment Act is more of a corrective act is primarily for "repealing and amending existing legislation in the field of employment and trade union law." (Explanatory notes to employment act 2008 2008). Hence it can be used only if it amends or repeals any of the provisions in the other Acts mentioned above. The Employment Relations Act is with regard to trade union relations and hence not very valid here. There is no mention of trade union involvement within the company and hence it can be assumed that Ricky Gervais & Co Ltd is not unionized or even it is so, the strength and bargaining power is low. Health and Safety at Work Act 1974 is directly related with the health and safety of the employees in the workplace and deals with whatever safety measures taken or not taken by the employer. The Act specifically states that employers are duty bound to see that the workplace is a safe one and should take steps that are as far as practical to ensure that the health and safety of the employers are protected. The Employment Rights Act 1996 related to the rights of employees in several areas of work and this includes safety issues as well. The Disability Discrimination Act 1995 also is useful for the injured employee, Geoff. The act states that alternated duties and jobs are to be provided in case employees are unable to perform their previous duties because of injuries. The definition of disability is also given and this can be used to assess whether an employee who is injured or incapacitated will come under the heading of disabled persons. This will be dealt with in more detail in task 2. If an employer provides defective equipment to his employee, as per provisions of Employer's Liability (Defective Equipment) Act 1969, and the employee is injured as a result, they can claim negligence on the part of the employer. This will be explained in more detail in task 2. With regard to dealing with employment tribunals, employees who have suffered harassment, discrimination, or loss of job must approach the body within twelve weeks of any of the above events happening. "Now that personal injury arising from harassment and discrimination has to be dealt with by employment tribunal (Sheriff v. Klyne Tugs (Lowestoft) Ltd), anyone traumatised by bullying has very little chance of taking legal action to gain compensation for personal injury so caused." (Action to tackle bullying at work). This will be discussed in relation to the injured employee in task 2. Task 2 An Act to make further provision with respect to the liability of an employer for injury to his employee which is attributable to any defect in equipment provided by the employer for the purposes of the employer's business; and for purposes connected with the matter aforesaid. (b) "the defect is attributable wholly or partly to the fault of a third party (whether identified or not), the injury shall be deemed to be also attributable to negligence on the part of the employer (whether or not he is liable in respect of the injury apart from this subsection), but without prejudice to the law relating to contributory negligence and to any remedy by way of contribution or in contract or otherwise which is available to the employer in respect of the injury." (Freeman 1995). The employee is a person who is employed by another person. The employer selects the employees for running their business. So there is a mutual contract between the employer and the employees. They have to provide the proper working conditions like providing them proper ventilation facilities, good lighting etc. The employer has to pay proper remunerations or compensation for the work they are doing. The employer has to ensure proper security against the future accidents that is unpredictable work accidents that will occurs. In this case the secretaries are working in cramped conditions and they have to sit in a chain that will not provide any adequate support and have to work for a long period of time. They have to work in front of the computer with high glared screen. The carpets were ill fitted and the employees will trip over it. If the company does not any action the workers can go to court and take necessary legal actions according to above mentioned Section- 1(1)(a) or Section- 1(1)(b). "Employers are responsible for the health and safety of their employees while they are at work. Your employees may be injured at work or they, or your former employees, may become ill as a result of their work while in your employment. They might try to claim compensation from you if they believe you are responsible. The Employers' Liability (Compulsory Insurance) Act 1969 ensures that you have at least a minimum level of insurance cover against any such claims." (What is employer's liability insurance). If any accident occurs inside the company premise the employer have the full responsibility. In the case of Geoff as the accident occurred inside the company premise so the employer have to take necessary actions. They have to punish the Peter who caused the accident. In this case the employers have to take following steps in the case of Geoff- (a) The employer has to make adjustments to premises. (b) If the employee become disabled the employer have to assign his duties to the other employee. (c) The employer has to transfer the disabled employee to fill another existing vacancy that is comfortable for him. (d) According to the disabled employee's wish the employer have to alter their working hours. (e) The employer have to assign him to a different place of work in which he is convenient. (f) Employer have to allow the employee to be absent during working hours for rehabilitation, assessment or treatment. (g) For the new post the employer have to give the employee proper training. (h) Employer has to buy the proper equipment that is comfortable for the disable employee. (i) The employer has to give proper instructions and reference manual for the disabled employees. (j) The employer has to modify procedures for testing or assessment according to the convenience of the disabled employees. (k) The employer has to provide reader or interpreter; (l) Proper supervision has to be given to the disabled employee. (Meaning if disability and disabled person). Geoff can have his employment back and be benefited by any of the above mentioned options. It is not clear from the case whether Geoff left on his own or was terminated by Ricky Gervais & Co Ltd. In both cases it appears that he can take recourse to the above statute and provisions and can come back to work in the company without any real loss in compensation. It is seen that at present, he is working on a lower salary with a different company to support his family. It should be noted that Geoff was injured by a person called Peters. The statement by Mr Gervais about Peters' past behaviour proves that he has been doing such pranks before also. In case Geoff has been regularly harassed by Peters then he can take recourse through a labour tribunal only. This has been so after the Sheriff v. Klyne case mentioned earlier. The ruling in the above case was as follows. "In deciding that an Employment Tribunal settlement prevented an employee bringing a claim before the county court for personal injury, the Court of Appeal hold that employment tribunals have jurisdiction to award compensation for personal injury, both physical and psychiatric, caused by unlawful discrimination on grounds of race." (Workplace bullying stress employment law and you). Here Goeff need not prove that his employer did not take steps with regard to harassment and injury. If it was a case of negligence, then Geoff would have to prove that his employer had acted in a negligent manner. It is enough that the tribunal understands that the harassment by Peters caused the injury. Geoff can claim compensation if he so wishes. With regard to the secretaries, they have not yet been affected by any injuries and other health problems. It could be because they have not been at their job for long. Another point would be that none of them have come out into the open any problems that they already have due to the working conditions. Many employees may not come up with their problems they have out of shyness, fear, or great respect for the company and its owner. In case they have yet to have problems, they can point out the facts. In case the owner still does not change, they can get someone legal to point out the consequences. As a last resort they can move to court. In case they already have problems, but are unwilling to do something about it, there is nothing that can be done. But if they have problems and are willing to tackle it, they can ask Gervais to change the furniture, lighting and monitors. If he refuses they can go to court and ask for compensation and change of settings within the office. Conclusion: The legal statutes that are available to all the affected parties and the options they have is discussed above. It would all depend on the attitudes of the employees. If they are willing to take up their causes, they have a few statutes and acts that they can use to get a favourable change in settings or ruling that will provide a legal solution to the problem. References Action to tackle bullying at work, viewed 26 March 2009, http://www.bullyonline.org/action/legal.htm#Klyne Explanatory notes to employment act 2008 2008, Crown, viewed 26 March 2009, http://www.opsi.gov.uk/acts/acts2008/en/ukpgaen_20080024_en_1.htm Freeman, Paul 1995, Employer's liability (defective equipment), viewed 26 March 2009, http://www.opsi.gov.uk/acts/acts1969/pdf/ukpga_19690037_en.pdf Meaning if disability and disabled person, OPSI: Office of public sector information, viewed 26 March 2009, http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_2#pt2-pb1-l1g6 What is employer's liability insurance 2008, Health and Safety, viewed 26 March 2009, http://www.hse.gov.uk/pubns/hse40.pdf Workplace bullying stress employment law and you, viewed 26 March 2009, http://www.workplacebullying.co.uk/sheriffvtynetugs.html Read More