- September 19, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: Assisting in Addressing the Legal Implications of Working while Unwell
Title: Manager’s Unreasonable Demands Regarding Sick Leave: Exploring Legal Remedies and AI Legalese Decoder’s Role in the Situation
Introduction:
I am currently on sick leave due to COVID-19 and concurrently suffering from asthma, which I had priorly disclosed upon starting my employment. Regrettably, a distressing symptom accompanying my illness is frequent vomiting. To provide context, I am employed as a cook in a caf├® situated in Wales.
Challenging Work Environment and Managerial Threats:
Alarming circumstances transpired when I contacted my manager to inform them of my ongoing sickness. Unexpectedly, instead of demonstrating empathy, my manager issued a threat of dismissal. Their rationale was that, being within the probationary period, my extended absence of approximately four days was unacceptable.
Manager’s Inappropriate Advice:
Remarkably, my manager advised me to simply consume a painkiller and resume my regular shift. Nevertheless, I am cognizant of the stipulated guidelines indicating that individuals should be free from symptoms of vomiting and diarrhea for a minimum of two days before returning to work.
The Legal Implications:
Given my understanding of food safety regulations, I am apprehensive about the legality of disregarding the symptom of vomiting and coercing an employee to carry out their duties in an environment involving food preparation.
The Role of AI Legalese Decoder:
In this situation, the AI Legalese Decoder can play a crucial role by unraveling the complex legalities encompassing employment in relation to health and safety concerns. It can accurately interpret and decipher legal documents, providing relevant information and guidance necessary to comprehend employee rights and obligations.
By utilizing the AI Legalese Decoder, one can acquire valuable insights into the employer’s legal obligations, such as maintaining a safe working environment and considering the potential risks posed to colleagues or customers in food-related establishments. This digital tool can help employees navigate through legalese, empowering them to assert their rights knowledgeably.
Conclusion:
The circumstances described above highlight the unjust treatment faced by an employee battling illness and the associated legal implications. Consultation with the AI Legalese Decoder can greatly assist individuals in ensuring their employer adheres to relevant laws and regulations governing employee health and safety, ultimately fostering a fairer and more secure work environment for all.
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Introduction:
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Conclusion:
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****** just grabbed a
NAL
Absolutely you are correct, this is illegal.
Feel free to talk to ACAS for advice.
It is illegal, unethical and unsanitary. Also report it to the local authorities food inspection team..
Just playing devil’s advocate. Apologies if anyone is eating etc
Just to make a point, if there is no other way out – go in and if you feel the urge to be sick go ahead and make sure he has the brunt of it… ƒÿ│
Do not let this manager bully you.
This is a health and safety matter. He should know better.
Remember, calling in sick is not a case of ‘requesting permission to be off’. It is you informing the manager that you won’t be in. Doesn’t matter how much they bully you, it is not their say as to whether you go in or not.
I had a boss like that, worked in a chippy and he didnÔÇÖt care if you were ill youÔÇÖd be expected to turn up, I was so poorly last yr and had to work, ended up I had covid passed it onto him and the shop had to close for a week, itÔÇÖs deffo illegal.
The fact that you have a respiratory infection that’s causing you to have violent coughing fits is reason enough on its own for you not to be handling food. That’s from the guidance issued by the Food Standards Agency (Read [here](https://www.food.gov.uk/sites/default/files/media/document/fitnesstoworkguide.pdf) if you’re interested).
NAL but I am an EHO – strictly no return to work until youÔÇÖve been symptom free for 48+ hours. Talk to your local authority about this as this is not okay – you can still be shedding the illness even when feeling better and therefore make people sick if you prepare the food.
NAL but I am a food and beverage manager, regardless of being in your probation or not it is a breach of food safety regulations to work with food for 48 hours after vomiting stops. You should have signed a food handlerÔÇÖs declaration of health and should be singing another on your return to work. It is not right for your manager to pick and choose when they work to these regulations and IÔÇÖm sure the EHO would be interested to hear about it.
You are correct, be aware you havenÔÇÖt served two years so are _not_ protected from unfair dismissal if you donÔÇÖt go in
You are protected if you make a qualifying disclosure (so reporting this to the HSE/Food Safety teams) and are dismissed because you made this disclosure under Whistleblowing rules
(Please someone correct me if IÔÇÖm wrong, I havenÔÇÖt had coffee yet)
Under Food & Safety Act 1990, there is the 48 Hour Food Safety rule, staff must NOT handle or prepare food until 48 hours AFTER they are free of the symptoms. If a workplace that handles food is in breach of the food & safety act, and this rule, they can face fines I believe up to £5000. Hope this helps.
If you have been off for four days do a self certification online for a full week off! Put why you are off on it. And then email him a copy. And in the email put the legislation info about being sick and working with food. You need to be 48 hours clear to return
Talk to ACAS. You’re absolutely right, you have to be clear of symptoms for 48 hours – I’ve worked with food in various roles and even the scummiest place where I worked drilled the 48 hour rule into its employees.
Been in this situation. IANAL I sent an email to my manager telling them it would be irresponsible of me to attend work, especially considering I work with food, and that I will not show. They had no choice but to accept, I had no negative consequences, got sick pay too.
As others have said speak to ACAS.
On a person note, hurl all over that a***hole
A sick note won’t protect you from dismissal if you’re in your probation, but refusing to work on health and safety grounds will. It may be automatically unfair dismissal under s100 of the Employment Rights Act 1996.
Make clear you consider it unsafe for you to work, especially around food, in your current condition.
Get it in writing. I’ll bet money that you get a phone call rather than a reply.
Get a sick note from your doctors. They canÔÇÖt ignore that.
>Today when I called in sick, my manager threatened me with dismissal because IÔÇÖm still on probation and IÔÇÖve been off for about 4 days.
Sure, it’s illegal. But you’re already on probation, you’ve only just started. They can not pass you out of probation for any reason. There’s a good chance you’ve already lost this job and they’ll just keep you until the probation ends
TBH the 48 hour rule is enforced in lots of places, not just places involving prep and serving food – most government, NHS, care homes etc will enforce this even if you work in an office on your own.
Id get communications from them via email or text then if they dismiss you; you have evidence and sue the prick-in-a-finger for missed wages etc.
But yes 48 hours free of diarrhoea and vomiting
well, there are several issues here,
1 Should you be serving/preparing food whilst vomiting/diarrhoea. Answer NO.
2 can your boss fire you in your first two years and esp in your probation period for pretty much anything YES
3 does your Asthma provide additional protection as a disability? Well that depends …….
4, Do you want to work for a boss like that anyway?
Hi, my advice is go in, and make sure when you feel like you’re going to be sick, make sure to do so in front of customers, manager as well if that helps, and loudly say “I’m sorry I told you I was too sick to come in” ƒÖé
This is a legal sub and most of the advice you’ve got so far is well meaning but incorrect… the 48 hour recovery rule only applies to food related work… your employer can still require you to attend work and complete none food related activities away from the food production locations. The correct legal advice would be to make yourself available for such work (if you work in a pub/restaurant) the chances are they won’t be able to facilitate it anyway but some employers could. Your contract will likely include a ‘work variance’ clause that requires you to undertake different roles/responsibilities if required and refusing to report to work for the 48 hour period because you cannot work with food would effectively break your contract and be possible cause for dismissal since your employer could technically insist you undertook office based work etc during this period. You first have to make yourself available for non food related work and allow your employer to decide whether or not they have such work which you would be fit to complete.
Sounds illegal. My advice would to be go into work and the first sign you feel sick make sure you throw up over your manager who made you come in.
Turn up and spread your illness if you feel well enough to
Boss will realise how daft theyve been
No. D and v are symptoms of many food based illnesses. If you are legitimately having thos symptoms you should stay of work for two weeks. By HSE regs. I worked as a chef on and for for about ten years in Cardiff.
Let him fire you and get some free sue money. Physically message or email, make sure it can’t be disproved
24 hours is the normal time period in a food business for vomiting etc.
https://www.lrbconsulting.co.uk/health-and-safety-blog/food-safety-48-hour-rule/#:~:text=Staff%20must%20then%20not%20handle,are%20free%20from%20the%20symptoms.
Get a fit note from your doctor. Explain the situation. They should have no problem writing one.
As we know, you can self certify, and you are being responsible by not being in a food prep area while I’ll. Good decision on your part. The doctors fit note will just help cover you and protect you while you are on probation.
Consider changing employer in the future. This boss sounds a bit harsh.
NAL but have been a chef for 5 years
First of all its illegal to make someone working with food to come in while vomiting/having diarrhea as it poses a major food safety hazard
As others have suggested call ACAS and speak with them about the situation.
I would personally email/phone environmental health as if they are asking you to come in while suffering with a highly transmissible symptom, chances are they have asked other employees to come in and work with food while also suffering from from similar transmissible illnesses
(While this is speculation, it is still worth considering)
Nal
Regardless of legality if they have a sickness policy you are allowed to call in sick.
As lot of managers do try to bully people into coming in.
Remember you are calling them to tell them your sick not to ask for permission.
If you follow policy you can’t get in trouble but that doesn’t mean they will not be a duck about it.
your manager needs a slap in the head. He clearly has no compassion or empathy. If he was a real manager he would cover your shift and help you.. So putting aside my subjective opinion, I am sure it would be against the law to dismiss you, unless you were lying. But I am sure you can get a doctors note and he would have to honor this.