Rank: Forum user
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We have an employee who, through various medical reasons, has to wear a particular type of safety shoe to carry out their task.
Unfortunately, the shoe is a custom-made/fitted style to fit both them and their working environment and due to this is expensive. We have investigated alternatives, looked at task rotation/ job reassignment etc etc and due to lack of alternatives are now at the stage of either paying an extremely high cost or potential employment release.
Can anyone provide any case law about this sensitive area? eg H&S law vs Employment law etc etc?
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Rank: Super forum user
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Obviously oyur company will need to tread very carefully on this (no pun intended).
Have a read through the case below, although not exactly your situation, it gives you an insight to DDA & health & safety, particularly with safety shoes.
http://www.oldsquare.co.uk/pdf_cases/1200296.pdf
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Rank: Forum user
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Purely speculation on my part, but surely SFAIRP comes in to play on an issue like this i.e. is it reasonable for your company to fork out the money for the PPE when balanced against the benefits of holding onto this particular employee?
Please feel free to correct my POV
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Rank: Super forum user
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Rees,
I expect that the employer will need to look at all alternatives before deciding on the release part or could prove costly!
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Rank: Super forum user
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'Expensive pair of boots' V 'a massively expensive law suit',
you have identified that there is alternative PPE available, I believe this would definitely disadvantage you in court under both DDA & PPE Regs.....
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Rank: Forum user
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Even without the legal issues I would have thought that the cost of advertising/interviewing/training new employee would outweigh an expensive pair of shoes.
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Rank: Super forum user
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Just a random thought: is it possible to remove the need for the safety shoe?
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Rank: Super forum user
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Rees, I am not aware of any specific case law that might be helpful and tend to agree with others that you need to give this some careful consideration, before considering dismissal (on capability????). I wonder if you could elaborate on what the 'extremely high cost' is? Have you considered assistance from access to work?
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Rank: Forum user
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Thanks for the comments......
1. The case provided in the link from Guru is uncanningly similar!
2. The custom made shoes have been quoted as costing £600 per pair plus £500 fitting cost.
3. The task based risk assessment requires the wearing of safety shoes due to FLT, PPT, lorries and risk from dropped items, plus damp/wet flooring from rain etc.
4. Alternative employment is not possible within the factory environment as this introduces other hazards over and above (3)
5. Alternative employment is currently being considered (eg office based) but I am not sure whether this will be taken up, hence my original query
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Rank: Super forum user
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I bet that a barrister /solicitor would cost U more to defend youe company [win or lose] for 1 hours court time than the shoes would cost U
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Rank: Super forum user
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I agree, the case in the link was interesting reading.
You might want to try access to work, they may be able to assist with further assessment, procurement ideas and financially (depending on circumstances)
Hope you manage to get some sort of resolution
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Rank: Super forum user
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The PPE Regs places an absolute duty on employers to provide PPE where there is a risk of personal exposure or harm, where the hazard has not been adequately controlled by other means, so there is no room for maneover there for the employer.
S6 of the DDA Regs requires employers take reasonable steps in finding PPE suitable for the individual, which unlike the case I linked, you have found an alternative, albiet expensive in the employers eyes.
As Ken say's, the fact alternative footwear has been found, your employer would certainly be disadvantaged in an ET.
Are we talking about a small business, or a large blue chip company?
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Rank: Super forum user
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Rees,
Has you company considered safety overshoes? This would be placed over their normal footwear, protect their toes and allow them to keep their job.
Google safety overshoes.
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