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Andy_K  
#1 Posted : 23 December 2010 15:03:43(UTC)
Rank: Forum user
Andy_K

Just looking to pick someones brains regarding the HASAWA and travelling to work. I understand that the act doesn't cover commuting to and from a normal place of work but what if the road conditions(such as the curent state) makes it extremely dangerous to travel. Do employees have a right to refuse to travel to work or can they be disciplined for failing to turn in?
decimomal  
#2 Posted : 23 December 2010 15:12:49(UTC)
Rank: Super forum user
decimomal

I would say that this is more of an HR query. My experience is that if you don't go to work you will not be paid.I dont know that an employee can refuse to go to work and guess that they could be disciplened. In which case a mitigating factor may well be inclement whether. The difficulty arises when some employees get to work and others do not.
Steven n  
#3 Posted : 23 December 2010 15:25:29(UTC)
Rank: Forum user
Steven n

Follow the link to direct.gov advice.... http://www.direct.gov.uk...offandholidays/DG_184199
son of skywalker  
#4 Posted : 23 December 2010 15:40:26(UTC)
Rank: Forum user
son of skywalker

Does your employer have other sites that you could reach? It would be worthwhile for the employer in conjunction with the employees to develop a protocol covering this subject.
Canopener  
#5 Posted : 29 December 2010 10:31:46(UTC)
Rank: Super forum user
Canopener

This (almost identical) scenario was discussed recently at some considerable length, I can't recall the title of the thread but it may be worth a search, over the past month.
Bob Shillabeer  
#6 Posted : 29 December 2010 22:09:22(UTC)
Rank: Super forum user
Bob Shillabeer

Yes you do have the right to refuse to go to work, but the employer may take action against you for failing to comply with your contract of employment (even sack you). No one can make you do something you don't want to do that's called freedom of choice, remember though he can act the same way and tell you you are no longer employed by him. That's the law of England. However, any reasonable employer would take a more prgmatic view and make some allowances due to serious dangerous travel conditions but can still refuse to pay you. Bad weather is not an excuse to take time off work, particularly when the possibility of just taking time off because it is Christams.
RayRapp  
#7 Posted : 29 December 2010 23:50:08(UTC)
Rank: Super forum user
RayRapp

The employer's duty of care does not extend to travelling to or from work, unless there are specific contractual agreements. It always makes me laugh when I hear on the news that 'only emergency journeys should be undertaken' what does this mean exactly? Nothing really, one person's emergency is another's recreation. Crack on.
Canopener  
#8 Posted : 30 December 2010 20:23:18(UTC)
Rank: Super forum user
Canopener

It really would be worth tracking down the other topic to save too much repetition. Although I would agree that HASAWA and DOC does not in most circumstances apply to the commute, could I again though the Produce Connection spanner in?
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