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Rees21880  
#1 Posted : 04 April 2011 16:04:32(UTC)
Rank: Forum user
Rees21880

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?
Guru  
#2 Posted : 04 April 2011 16:17:17(UTC)
Rank: Super forum user
Guru

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
TDS1984  
#3 Posted : 04 April 2011 16:20:59(UTC)
Rank: Forum user
TDS1984

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
MB1  
#4 Posted : 04 April 2011 16:21:39(UTC)
Rank: Super forum user
MB1

Rees, I expect that the employer will need to look at all alternatives before deciding on the release part or could prove costly!
Ken Slack  
#5 Posted : 04 April 2011 16:38:01(UTC)
Rank: Super forum user
Ken Slack

'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.....
Borisgiles  
#6 Posted : 04 April 2011 16:45:19(UTC)
Rank: Forum user
Borisgiles

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.
David Bannister  
#7 Posted : 04 April 2011 16:46:40(UTC)
Rank: Super forum user
David Bannister

Just a random thought: is it possible to remove the need for the safety shoe?
Canopener  
#8 Posted : 04 April 2011 18:57:14(UTC)
Rank: Super forum user
Canopener

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?
Rees21880  
#9 Posted : 05 April 2011 07:29:08(UTC)
Rank: Forum user
Rees21880

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
bob youel  
#10 Posted : 05 April 2011 07:53:29(UTC)
Rank: Super forum user
bob youel

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
Canopener  
#11 Posted : 05 April 2011 07:54:21(UTC)
Rank: Super forum user
Canopener

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
Guru  
#12 Posted : 05 April 2011 09:16:31(UTC)
Rank: Super forum user
Guru

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?
Guru  
#13 Posted : 05 April 2011 10:22:45(UTC)
Rank: Super forum user
Guru

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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