The Food Worker. Are you being protected?

Sadiq Vohra, partner at MWR Solicitors, talks about employment rights for vulnerable workers.

The term ‘vulnerable workers’ is often misunderstood because it applies to a far wider range of situations than many people realise. Broadly speaking, vulnerable workers are defined as people with little knowledge of their rights, who find it hard to access advice and do not have the ability to protect themselves against rights abuses.

Situations where the term can apply include:

• When only one person works on the premises, e.g. small workshops, petrol stations, kiosks
• People working in small groups in the retail industry
• People working separately from others, e.g. in factories, warehouses, leisure centres or fairgrounds
• People working outside normal hours, e.g. cleaners, security, special production, maintenance or repair staff.
• Service workers, e.g. rent collectors, postal staff, social workers, district nurses, pest control workers, drivers, engineers, sales representatives and care workers
• On construction, plant installation, maintenance and cleaning work, electrical repairs, lift repairs, painting and decorating, vehicle recovery etc
• Agricultural and forestry workers
• Migrant workers
• Workers in the transport industry

These situations all present potential hazards, such as accidents or emergencies arising out of inadequate provision of first aid, sudden illnesses, inadequate provision of rest, hygiene and welfare facilities, violence or aggression from members of the public, or safety issues surrounding the banking of cash.

Where the law stands

There are no specific legal duties on employers in relation to vulnerable workers. However, employers are under a general duty under Section 2 of the Health and Safety at Work Act 1974 to maintain safe working arrangements. There are also a number of other regulations in place to protect workers.

The main question is whether the job can be done safely. The employer needs to show that workers are not exposed to extra risk and safety measures should take account of normal work and foreseeable emergencies, e.g. fire, equipment failure, violence/aggression, illness and accidents. In particular, employers should consider:

• Does the workplace present a special risk to the workers
• Is there a risk of violence (see below)
• Are women especially at risk
• Are young workers especially at risk

A major cause for concern is whether the required action is taken to prevent workers from violence. In addition to providing personal alarms, the employer should have procedures in place to minimise the risk of violence from the public, for example, the elimination of handling cash, constant changes of route when transporting valuables, and adequate building security for out-of-hours working.

When a risk assessment shows it is not possible for the work to be done safely, arrangements for providing help or back–up should be put in place. Consideration should be given to the fact that women working alone are mainly at risk. Where the job involves a considerable risk of violence from the public, doubling the staffing levels will significantly improve security.

Employee’s duties

As an employee you have legal duties too. They include;

• Taking reasonable care for your own health and safety and that of others who may be affected by what you do or do not do
• Co-operating with your employer on health and safety
• Correctly using work items provided by your employer, including personal protective equipment, in accordance with training or instructions; and
• Not interfering with or misusing anything provided for your health, safety or welfare.

• To report any injuries, strains or illnesses you suffer as a result of doing your job (your employer may need to change the way you work)
• To tell your employer if something happens that might affect your ability to work (e.g. becoming pregnant or suffering an injury).

• If you drive or operate machinery, to tell your employer if you take medication that makes you drowsy – they should temporarily move you to another job if they have one for you to do.

Helpline

The government has now set up a single helpline to give employers and employees advice on basic employment rights. The helpline has been developed in conjunction with employers, trade unions, and various government enforcement agencies, following recommendations from the Vulnerable Workers Enforcement Forum.

The new ‘Pay and Work Rights Helpline’ is free to call and provides advice on:

• National minimum wage
• The Working Time Directive
• Employment agency standards
• Agricultural minimum wage – agricultural workers have different rights from other workers. The helpline can provide advice on pay, hours and treatment.
• Licensing of gangmasters – if you work for a gangmaster you have employment rights.

The helpline is staffed by specialist advisers and information is passed to the relevant enforcement body to take further action where appropriate. The number to call is 0800 917 2368. Workers can also find out more about their rights via their Union Representatives and Union Solicitors.

For more information and advice speak to an expert at MWR Solicitors today in strictest confidence. Call 01772 254201 or visit www.mwrlaw.com