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Anne-Marie Parkinson
Member - 6 posts
Hi Rose,
Thank you for your comments. My question was not related to my employer at all. I have a very good employer - this question was related to something I had heard on the news and I wanted to understand the legalities for my own personal development rather than for any real life situation.
Thanks again.
Anne-Marie
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Anne-Marie Parkinson
Member - 6 posts
Mark, In answer to your question:
I believe my perspective must be slightly different to others in this forum. We are responsible for residential youth centres where restrictors on the windows are essential to stop the young people climbing out at night. Parents are not on site and accompanying teachers/group leaders are restricted as regards to access into young people's bedrooms under Child Protection regulations.
The HSE provides guidance for residential accommodation of all kinds and as such we are responsible for adhering to these guidelines. Our risk assessments assume that children (primarily teenagers) will climb out of windows and steps are taken to prevent this.
I accept that the hotel in question probably did cater in the main for adults and/or families but should they perhaps have considered that youth groups (or similar unsupervised persons) might be staying in the accommodation in the future? Hindsights a great thing I suppose!
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Anne-Marie Parkinson
Member - 6 posts
One other factor to consider in the above case is that the victim could just as easily have been a child - we cannot presume to expect children to act reasonably or have a duty of care for themselves or others. Without seeing the details of the case I cannot be sure but I expect that a significant proportion of the fine was directly related to the breach of safety regulations rather than compensation for the victim (or her family/estate) that tragically highlighted the breach.
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Anne-Marie Parkinson
Member - 6 posts
Is anyone aware of what a claimant should/could do if their employer goes into voluntary liquidation in the process of them making a claim against that employer (nothing to do with redundancy)?
I heard about a case recently on the news but without any names I cannot trace the details. Any help would be appreciated.
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Anne-Marie Parkinson
Member - 6 posts
My first question would be whether this ladies' lunch break is paid. If not she would be entitled to a 20 minute paid break during the day under Working Time Regs.
Secondly, has this lady been taking these breaks for a long time - perhaps since a smoking ban came into force in her workplace? If so I suspect she may be able to argue that it has become an implied term of her contract of employment. This would require some careful renegotiation.
I would be wary of just bowing "to her nicotine need" as this would be singling her out as an exception and might cause more problems with other members of staff in the long term.
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Anne-Marie Parkinson
Member - 6 posts
Is anyone aware of an employee's legal entitlement to refund of annual leave when they have been sick during a period of annual leave - either with or without a doctor's note?
Our contracts and sickness absence policies are silent on this matter. Our general practice across the UK has been that sickness occuring during a period of annual leave is not recovered by the employee.
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