Preparing for adverse weather
With the winter fast approaching, are your staff members going to complain about cold working temperatures? It is not uncommon for working environments to become much colder as winter sets upon us and coupled with the devastation caused by snow that is sure to follow inevitable cold weathers, understanding your obligations as an employer is paramount to any successful business.
As a recent case demonstrates, adverse weather can readily find its way not just into health and safety but also into employment law realms. In this latest Employment Appeal Tribunal (EAT) decision, the EAT had to decide whether an employee who complained about how cold his working environment became had made a qualifying protected disclosure (or blown the whistle as it is commonly known) which then afforded him protection from dismissal or from being subjected to any other detrimental treatment.
Taking this opportunity to speak with Brendan Wincott, Compliance Officer at recently rebranded Bibby Consulting and Support (formerly mhl support) we have obtained more details about this latest EAT decision for our readers.
Brendan explained that “the claimant in this case complained about low working temperatures in his work environment, which fell at times as low as 10°C. The claimant complained to his employer that these low temperatures could cause pneumonia and hence it therefore posed a health and safety risk. Disclosing health and safety risks is almost certainly a right of any employee which then affords them protection, but fortunately for the employer in this case, the claimant fell just short of the qualifying conditions, as on a technicality, the adverse weather did not pose the risk the employee alleged, namely pneumonia which is caused virally as opposed to adverse weather.”
However, Brendan went on to explain that “phrased differently, claimants are certainly capable of making qualifying disclosures about cold working temperatures, they just need to be more technical as to the risks cold temperatures pose.”
Legislation prescribes the minimum standards for working temperatures and employers are warned to ensure that they are fully aware of their obligations before the cold weather sets upon us. Bibby Consulting and Support have teams of specialist advisers in both employment law and health and safety that are able to assist employers with understanding their respective obligations. If you are an existing client, please call one of the team today on 08453 100 999 quoting your PCN number to discuss the situation with one of our specialist advisers. If however you are not yet a client of Bibby Consulting and Support, but are interested in learning more about the services that they provide, please call Katy Vaughan today on 08453 100 600 for your free no obligation quote.
This News Release is intended to provide a general overview and discussion of the subject matter. It is not however, intended to give advice or to act as a substitute to taking legal advice from our Support Line in any specific situation. Bibby Consulting & Support accepts no liability or responsibility for the information contained within this news release. If you would like specific advice about this subject matter, please contact one of the Employment Law Team today on 08453 100 999.
