Posted By Sinead Butler I have a cold store room with a temperature of -18C. When a person enters, the chiller unit is set to defrost and the fans turn off and within about 4 minutes the room temperature is at -5C. About 10 employees make trips into this store several times during the day of 5 minutes in duration. The work involves pulling pallets out into a loading bay. One person is complaining that he is cold yet he is provided with overalls, a heavy bodywarmer and a padded hi-vis jacket. No-one else has complained and I have carried out the work myself and haven't noticed the cold (even without the bodywarmer or jacket). This person refuses to wear the lined hi-vis jacket because it isn't fashionable and is now refusing to work because of the cold. Any ideas???? Thanks, Sinead

Posted By Ken Taylor Your risk assessment for cold temperatures will have identified minimised exposure and thermal insulating protective clothing. Using this will then be a legal duty by the employees involved. After real and reasonable consultation to get to the reason behind refusal to wear this, the official disciplinary route awaits. If you allow the non-use to continue, in addition to being open to prosecution as an employer the individual concerned could even go on to sue the employer for allowing the unprotected exposure to cold.

Posted By Laurie Repeated and persistent refusal to comply with reasonable or statutory health and safety requirements is a recognised reason for dismissal, and is normally accepted by both industrial tribunals and trade unions. However, make sure you go through the full formal procedure Laurie

Posted By fats van den raad I get a gut feeling that there is more to this person's refusal to do this work than meets the eye. I think there is a real possibility that the issue with the jacket is just an excuse. You need to find out what the real reason behind the whole issue is. From my own experience, you cannot make the wearing of all cold store gear compulsory. E.G. if you have issued body warmers and lined coats, would you make it compulsory to wear both? What about the guy who is comfortable wearing just the coat or the body warmer? In any case, the issue about refusal to work I would (using my best Brian Lara stroke) bat off to the manager that has direct responsibility for this employee. I would advise the manager that I am satisfied that the requirements as far as working in this area has been met, and that the excuse used by the person for refusing to work is not valid in my opinion. Up to them then!!