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Where do I Stand in regards to Workplace Law?

By: Jeff Durham - Updated: 11 May 2017 | comments*Discuss
 
Health Safety Work Computers Workplace

Q.

My work has taken the chairs away from the computer area so we have to stand while working on the touch screens all day.

They are saying the chairs are luxuries, is there anything I can do?

(Miss Kat Hastings, 8 October 2008)

A.

Based solely upon the information you have given here, this would appear to be a case of your employer contravening the health and safety regulations as laid out in the Workplace (Health, Safety and Welfare) Regulations 1992 which state the following:

“A suitable seat shall be provided for each person at work in the workplace whose work includes an operation of a kind that the work (or a substantial part of it) can or must be done sitting.”

The key issue in this regard is the phrase ‘can be done sitting’ which is obviously the case as your query has indicated that this is how the work was done previously before the chairs were taken away. Therefore, it’s highly likely that your employer is breaking the law. Chairs certainly aren’t a ‘luxury’ as your employer refers to it.

Basically, any kind of workstation should be suitable for not only the work which is being carried out but also for the individual using that particular workspace which is why all workers who work sitting down in front of computers or similar equipment all day not only should be provided with a chair but one which is adjustable and which has been adjusted to suit the particular individual sitting at it at any given time. For example, it needs to support the lower back and footrests should also be provided if you’re unable to place your feet flat on the floor when you’re sitting down.

The first course of action would probably be to speak to your Health and Safety Officer or representative about this matter. However, if they refuse to get involved, you could then tell them that this is a contravention of the health and safety regulations and that you’ll be looking to take further action. This might include speaking to your trade union representative if you have one.

If the matter stays unresolved, you have a legal right as an employee to stop work and leave your workstation if you feel you have reasonable concerns for your health and safety and you can do this without your employer being able to take disciplinary action against you.

The next thing would be to take up the matter with the Health & Safety Executive and they have an information line you can call where you’ll be able to get specific advice. The number is 08453 450 055

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I have been working in my bosses converted garage for last 8 months, when I started I mentioned after a week my lower back was hurting and I believed I needed a lap top riser and foot rest as these had helped in my previous role. This fell on deaf ears and after a weekend of not being able to walk I took a ream of paper and used this which helped . However last week we needed the paper and so I have been sat with my chair to low / desk to high again my back is playing up and when I mentioned today I need a work space assessment and a foot rest she totally ignored me! It's a very small office with 4 people in so we don't have a health and safety rep just the 2 directors that are ignoring my health and safety needs. What can I do? Thanks
Em - 11-May-17 @ 9:09 PM
I work in the cateringindustry and sometimes it's quiet and we get told to sit out without pay are employers allowed to do this ? Example if I was to startat 5 n it's quiet ide be told to sit out till they deemed it time to start
Shrek - 10-May-17 @ 5:32 PM
Josie - Your Question:
Or the last 12 years I have worked 12 hour day 4 days on 4 days off then 3 days on and 5 days off now my boss wants to change my hours to 7am - 3pm and 3pm - 11pm and 11pm- 7am - I know I will get paid a night allowance but will, I be entitled to shift allowance and can they make me work nights ??

Our Response:
This depends on your contract and whether is stated specific start/end times and days. There is nothing in law that says you should be paid extra for working sifts are working nights.
SafeWorkers - 9-May-17 @ 2:05 PM
Or the last 12 years I have worked 12 hour day 4 days on 4 days off then 3 days on and 5 days off now my boss wants to change my hours to 7am - 3pm and 3pm - 11pm and 11pm- 7am - I know I will get paid a night allowance but will,I be entitled to shift allowance and can they make me work nights ??
Josie - 8-May-17 @ 12:58 PM
If you are on a 3 month probation period and you started on 26/01/17 and you are called to a meeting (not being told why) on 28/04/17 to be told that you haven't met expectations so you are now on a 1 week notice, is this acceptable as you have had no probation review meetings during this time and that your probation period ended 2 days before said meeting?
Ez - 30-Apr-17 @ 1:29 PM
Hi, I've had a back operation in 2011 and have a further herniated disc. I have a sit stand desk but my problem is sitting for 5 mins or more causes pain and numbers, and standing also causes this. I have breaks as often as I can but sometimes we've meetings for 3.5 hours which I can't just leave through. I've asked to work from home 25% of my disability? Are they going to say no to my request as they've taken reasonable strips to accommodate my
Jools199 - 6-Apr-17 @ 5:23 PM
Hi, I have worked in my workplace for 6 years in which we were provided with chairs. All of a sudden they have decided to take the chairs off us with no explaination. We do not get proper breaks which was ok when we had a seat but now it is really hard to stand for 8 hours a day. I have arthiritis in my knees which has made this even harder. Is it legal for them to do this to us? Thanks.
Dani - 27-Mar-17 @ 9:16 PM
Hi there. I work at an office, computer/chair all that jazz. The health & safety responsible just came over to tell me off for sitting on my leg. (one leg on the ground, the other underneath me, if that makes sense) Now, I'm aware of the correct way to sit at the desk, but I also thought that once that gets uncomfortable you're allowed to shift positions. I told them I wasn't comfortable with them telling me how to position my body, and I was given a standard 'we're responsible for your health and the equipment used correctly'. So, do they have a right to tell me how I should be sitting? Or is it a case of it being a guideline that should be followed?
Jess - 20-Feb-17 @ 12:06 PM
My hours have been cut from 10 to8 I've done 10 for a long long time. I work in private club where bar staff all have 10 hours. However a lady has left so I got them a new bar person instead of taking off every one they took them off me. One of the ladies has not been there a year got the hours of the now left bar person which gives her 16 hours. I've been at the club for 6years. I had a word with the steward she said il try and claw them back for you but it's only an hour you are owed cos everyone does 9. What can I do about this the new lady got my 2 hours I'm not pleased at all. We only have a treasurer of the club whom I'm trying to see to day about it.
Maz - 13-Feb-17 @ 12:14 PM
I gave my Doctor's Note for a new chair back in September and I have checked recently with them about what is going on, and the reply I got was sorry we have been busy they will get on to it straight away- this was 3 weeks ago. My back pain has noticeably increased to the point where I do not want to go in, can I sue my work for this?
Gina - 2-Feb-17 @ 10:09 AM
I was hit several times by a dementia patient while be observed by the trainer who did not intervene til the last minute. I went to the urgent care centre who said i had bruised ribs had xray and found i have more damage in my spine. Went back to work to be told basically it was my faulti got hit and have ordered me a padded body warmer to wear when helping this patient . could i have some advice please
Nutty professor - 27-Dec-16 @ 1:33 PM
Justme - Your Question:
Hi, I was forced to sit on a stylish, designer chair in the reception of the company's new office. This was in 2012. I was pregnant at the time. I complained that the chair was uncomfortable and was causing me lower back pain. They took me off to a home store and let me pick out a luxurious cushion that would serve as my back support. The pain continued throughout that year and I saw a physio who couldn't do anything about it as I was pregnant. I was also told that the back pain might go away after the baby was born. I continued to have back pain up until a year ago when I finally got physio treatment and it is now a lot better but often I get severe boughts of pain in my back and it restricts my freedom to do things. In June or July 2014 I spoke with the temp who was my maternity cover and then later became permanent, she mentioned to me about the pain she experienced in her back from the reception chair when she started temping and that she had been adamant that they change the chair to a proper office chair. After a few days they complied and replaced the chair. I think because she was agent staff, they were forced to take her complaint seriously. Do I have a claim against the company on this? Many thanks.

Our Response:
Sorry but you would need to see an injury claims lawyer for advice on this.
SafeWorkers - 25-Nov-16 @ 2:10 PM
Hi, I was forced to sit on a stylish, designer chair in the reception of the company's new office. This was in 2012. I was pregnant at the time. I complained that the chair was uncomfortable and was causing me lower back pain. They took me off to a home store and let me pick out a luxurious cushion that would serve as my back support. The pain continued throughout that year and I saw a physio who couldn't do anything about it as I was pregnant. I was also told that the back pain might go away after the baby was born. I continued to have back pain up until a year ago when I finally got physio treatment and it is now a lot better but often I get severe boughts of pain in my back and it restricts my freedom to do things. In June or July 2014 I spoke with the temp who was my maternity cover and then later became permanent, she mentioned to me about the pain she experienced in her back from the reception chair when she started temping and that she had been adamant that they change the chair to a proper office chair. After a few days they complied and replaced the chair. I think because she was agent staff, they were forced to take her complaint seriously. Do I have a claim against the company on this? Many thanks.
Justme - 24-Nov-16 @ 12:22 PM
JaneC - Your Question:
Thank you for your reply to my previous message. As far as I know, there is no appointed health & safety executive where he works. It is just my boyfriend and the couple who own the business. As far as I know they have never provided him with a contract. Please can you advise where to go from here. I persuaded him to join the Unite union yesterday, so am hoping they can support him in this too.

Our Response:
The health and safety executive is a government body - we posted a link to it in our last response, please contact them.
SafeWorkers - 17-Nov-16 @ 11:59 AM
Thank you for your reply to my previous message. As far as I know, there is no appointed health & safety executive where he works. It is just my boyfriend and the couple who own the business. As far as I know they have never provided him with a contract. Please can you advise where to go from here. I persuaded him to join the Unite union yesterday, so am hoping they can support him in this too.
JaneC - 16-Nov-16 @ 12:55 PM
JaneC - Your Question:
Hi there, I am contacting you as I am very concerned about my boyfriend's working conditions. He is a printer and is being expected to operate machinery that has not had a health & safety check since 2008. He has also told me that there is a water leak near one of the machines that is electrical. He has refused to work on this, but they are giving him a hard time because of this. The person who was working alongside him has now left and he is often working the machinery alone. He also received an electric shock some months ago when operating one of the machines. He is concerned what his rights are with regards to being disciplined, but most of all about his wages. He's never had a regular pay date and is now worried about being paid so we can cover our rent. You're advice would be greatly appreciated.

Our Response:
Tell him to report the safety concerns to the Health and Safety Executive - they will probably do an inspection as a result. Regarding the wages, all employers should give employees a statement of details./contract that includes the rate of pay and the intervals at whichthey are paid (monthly, weekly or other). If your employer is not adhering to the terms of the contract your can take legal action.
SafeWorkers - 16-Nov-16 @ 10:23 AM
T - Your Question:
I work on a till that come up to about my. Hips the employer has said we need doctors notes to have a chair where do we stand on this as most employees now have bad hips and I have developed a bad neck

Our Response:
The Workplace (Health and Safety) Regulations 1992 says that employers must supply suitable seats if workers are able to perform their duties, or a substantial part of them, sitting down. No prosecution of an employer under this law has taken place. There have been five improvement notices served on employers which have insisted upon seats for workers. You shouldn't have to get a doctor's note for this purpose.
SafeWorkers - 15-Nov-16 @ 1:54 PM
Hi there, I am contacting you as I am very concerned about my boyfriend's working conditions. He is a printer and is being expected to operate machinery that has not had a health & safety check since 2008. He has also told me that there is a water leak near one of the machines that is electrical. He has refused to work on this, but they are giving him a hard time because of this. The person who was working alongside him has now left and he is often working the machinery alone. He also received an electric shock some months ago when operating one of the machines. He is concerned what his rights are with regards to being disciplined, but most of all about his wages. He's never had a regular pay date and is now worried about being paid so we can cover our rent. You're advice would be greatly appreciated.
JaneC - 15-Nov-16 @ 12:16 PM
debb - Your Question:
I work in a hotel can my employer make me clean bathroom floors on my hands and knees and tuck duvets under heavy matteress and four poster beds to make them look tight

Our Response:
Yes if that's your job description.
SafeWorkers - 14-Nov-16 @ 2:25 PM
I work on a till that come up to about my. Hips the employer has said we need doctors notes to have a chair where do we stand on this as most employees now have bad hips and I have developed a bad neck
T - 14-Nov-16 @ 10:29 AM
I work in a hotel can my employer make me clean bathroom floors on my hands and kneesand tuck duvets under heavy matteress and four poster beds to make them look tight
debb - 12-Nov-16 @ 6:28 PM
Sunshine - Your Question:
I am currently on sick leave for work related stress due to harassment by my Supervisor. I have been advised that I am required to return to work under the same Supervisor which I am not happy about. Do I have to comply with this request or can I request to be moved.

Our Response:
You can request to be moved but if there is no other work available you cannot refuse to do the job you are employed to do.
SafeWorkers - 11-Nov-16 @ 10:49 AM
I am currently on sick leave for work related stress due to harassment by my Supervisor.I have been advised that I am required to return to work under the same Supervisor which I am not happy about.Do I have to comply with this request or can I request to be moved.
Sunshine - 10-Nov-16 @ 11:09 AM
Zoey - Your Question:
Hello I ha a risk assesment done 12 weeks ago as I am now 27 weeks pregnant I was assesed to have a back support and a foot stoll as I have SPD and this affects my pelvis and lower back and extra support is needed I still havent got the risk assesed equiptment I was promised and have had to leave work early due to been to uncomfortable and crying in pain thi was taken off me and my pay ? should my pay be deducted as they have not provided the equpitment promised 12 weeks ago. ?? HELP PLEASE I CANT TAND THE PAIN

Our Response:
If your employer cannot make the necessary adaptations or offer alternative work - you should be suspended on full pay. You should speak to your trade union representative or a member of HR to get this resolved. If you're not successful, call ACAS for more advice. Please read our article Being Pregnant at Work especially the last two sections, for more information.
SafeWorkers - 4-Nov-16 @ 10:05 AM
Hello i ha a risk assesment done 12 weeks ago as i am now 27 weeks pregnant i was assesed to have a back support and a foot stoll as i have SPD and this affects my pelvis and lower back and extra support is needed i still havent got the risk assesed equiptment i was promised and have had to leave work early due to been to uncomfortable and crying in pain thi was taken off me and my pay ? should my pay be deducted as they have not provided the equpitment promised 12 weeks ago ... ?? HELP PLEASE I CANT TAND THE PAIN
Zoey - 3-Nov-16 @ 11:32 AM
Sony - Your Question:
Hi I have worked in a care home for 4 months now.I'm on a 6 month probation I have been offered another job which I have decided to take so I handed my notice in.They said I have to give 4 weeks notice but my new job wants me to start in 2 weeks.Where do I stand

Our Response:
What does your contract say? If it states that your notice period is 4 weeks then you are in breach of contract if you fail to work it. In reality, many employers will not take legal action over this, but will simply deduct the pay from your final salary.
SafeWorkers - 2-Nov-16 @ 11:29 AM
Hi I have worked in a care home for 4 months now. I'm on a 6 month probation I have been offered another job which I have decided to take so I handed my notice in. They said I have to give 4 weeks notice but my new job wants me to start in 2 weeks. Where do I stand
Sony - 1-Nov-16 @ 6:12 PM
My employer wishes to take away our working desk and has suggested that when completing paper work we instead use small coffee tables. I work in a care home and at least half of our work load is now paper based. We have no union rep and the only contact we have with a higher boss is when they are with my employer.
A - 14-Oct-16 @ 5:20 PM
Daveh - Your Question:
In the retail security business, we are either made to stand or patrol for up to 12 hrs(apart for 2x1/2 hr breaks), when we required seating when stood at a podium, we are told it is a health and safety reasons that seating is not supplied. Is this true or false?

Our Response:
This really depends on the nature of the job. The law basically says that seating should be provided if it's possible to do the job sitting.
SafeWorkers - 12-Oct-16 @ 2:41 PM
In theretail security business, we are either made to stand or patrolfor up to 12 hrs(apart for 2x1/2 hr breaks), when we required seating when stood at a podium, we are told it is a health and safety reasons that seating is not supplied. Is this true or false?
Daveh - 12-Oct-16 @ 4:02 AM
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