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justanumber

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Posted 19 September 2014 - 06:17 PM

I am currently dealing with situation as a packing machine operator in a large bakery. We have had our own issued shoes disappear and have been instructed to pick a pair that fits from a communal pool which I am unwilling to do. These have been on an unknown amount of feet and I feel is questionable practice at best. I have since taken it up with HR.

My question is: IF my employer witholds payment for the 4 or so days I have been willing, but unable to work due to lack appropriate, standard issue PPE namely footwear. I am looking at loss of earnings due to their error and feel I am due reimbursement. Where do I stand?



Setanta

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Posted 19 September 2014 - 06:27 PM

I don't really feel this is applicable to this site and forum, however, do you have the option to take your shoes home?

 

EDITED to add, I misunderstood the nature of the question, I took it to be a more legal based query that it was.  I however, would NOT want to wear someone else's shoes for any length of time! :thumbdown:


Edited by Setanta, 19 September 2014 - 08:20 PM.

-Setanta         

 

 

 


justanumber

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Posted 19 September 2014 - 06:35 PM

I was under the impression that HACCP regulations prevent this but I am by no means an expert. No we are not permitted to take shoes out of the clean room/changing room unless going onto the production floor. The same applies for whites naturally. My question is really of a legal nature so apologies if this is the wrong place.



Simon

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Posted 19 September 2014 - 08:07 PM

As long as the shoes are fit for purpose and in reasonable condition they have every right to ask you to wear from a pool.

If you refuse to wear them then by default you cannot enter the factory to work and so you lose your earnings.

If you feel you have a strong enough case you would have to try to claim through the courts for loss of earnings and a solicitor would tell you whether they think your case is winnable or not.

 

I know its not nice to wearing other peoples shoes, but it shouldn't cause you significant injury or distress...what's your problem with it?


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Mike Green

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Posted 19 September 2014 - 08:17 PM

I am currently dealing with situation as a packing machine operator in a large bakery. We have had our own issued shoes disappear and have been instructed to pick a pair that fits from a communal pool which I am unwilling to do. These have been on an unknown amount of feet and I feel is questionable practice at best. I have since taken it up with HR.

My question is: IF my employer witholds payment for the 4 or so days I have been willing, but unable to work due to lack appropriate, standard issue PPE namely footwear. I am looking at loss of earnings due to their error and feel I am due reimbursement. Where do I stand?

 

The HSE guidance states  that PPE should be 'well maintained & fit for purpose'  

 

and 

 

 

 

If it is reusable it must be cleaned and kept in good condition.

 

There is a section in the older(2005) guidance relating to short term sharing

 

 

 When providing PPE for their employees, employers need to ensure this

equipment is readily available, and employees have clear instructions on where
they can obtain it. Most PPE is provided on a personal basis, but may be shared
by employees, for example where it is only required for limited periods. When
shared, employers need to ensure such equipment is properly cleaned and, where
required, decontaminated to ensure there are no health risks to the next person
using it.

 

 I guess in the final evaluation -it is a matter of your perspective on the above versus that of your employers!

 

Mike


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Snookie

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Posted 19 September 2014 - 10:53 PM

Sorry, but I am with Setanta on this one.......I don't want someone else's fungus.  If this was a boot in which I was wearing shoes in, then okay....but not a communal pool of shoes.  have you seen some people's feet and socks?  That's just gross.  :eek_yello:


Edited by Snookie, 19 September 2014 - 10:54 PM.

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justanumber

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Posted 20 September 2014 - 03:22 AM

Thank you for the views guys its much appreciated. Allow me to add some more clarity to the situation.

There is a very high turnover of temporary staff and unfortunately some of them also smell rather unpleasant, I think one particular guy might be homeless..but I digress. I HAD regulation, steeltoecapped shoes allocated to me upon induction 12 weeks ago along with a padlock. they have vanished despite being locked up in a shoerack and having my name on them.

The company deny that any shoes were removed even though we frequently see the cleaners removing unsecured pairs and cleaning them. I highly suspect there is a master key as the padlocks allow for a key when they are in fact, combination locks.

Upon discovery of missing footwear, I was ordered to pick a pair that fit and wear them. I was unwilling even in the short term. It turns out it has taken several days to get this addressed and I'm still days away from being reissued new shoes. an unknown number of people are doing 8+ hour shifts in these communal shoes. I also found out today from a colleague that the phrase "antiseptic spray" has been used by HR upon complaint when it is in fact a known generic brand of "foot deodorant" I was hilariously informed that there was something of a backlash the other night when the placebo ran out. (I work night shifts) and other employees had serious issues.

I have taken this up with HR as I said, and they seem to be on my side. New shoes are on the way and have explained that I will not be attending until the issue is rectified. But i am still basically wondering, should they resist, can i push them to pay me for the days i have lost in wages due to a colossal flipup on their end?



justanumber

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Posted 20 September 2014 - 03:32 AM

I should add that I am a permanent member of staff and have signed a contract. We just happen to use a hell of a lot of temporary staff.



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Posted 20 September 2014 - 03:35 AM

"If it is reusable it must be cleaned and kept in good condition"  IMO, nothing to be worried if it's cleaned and decontaminated before re-used (If possible, you may spray your feet with ethanol before use it).






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