Donate SIGN UP

employment tribunal

Avatar Image
bullpen | 19:43 Fri 06th Feb 2009 | Law
13 Answers
My stepson is a refuse worker. Whilst on his rounds he needed to pee and went behind a tree. A member of the crew reported him to the manager. Now the manager has told my stepson if it happens again he will be sacked. My stepson has since been moved to more menial tasks. Does he have a case against his employer. I cant see how you cannot need a pee in 10 hours in the cold weather
Gravatar

Answers

1 to 13 of 13rss feed

Best Answer

No best answer has yet been selected by bullpen. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
A case for what exactly, he hasn't been sacked has he? I agree that it is unreasonable to expect someone to go 10 hours without going to the toilet - it is illegal not to have a break for one thing - but did your stepson ask his manager what he was supposed to do if he found himself in the same situation again?

Is he being paid the same for the more menial tasks?
will it be made official with written confirmation of the verbal warning? not saying its acceptable of a manager, but the manager might have just been sounding off. if they make it official by noting it on his employment file, im sure he could appeal against the decision. im with you, i just cant see what else he was supposed to do in that situation. pee his pants? or do they have a portaloo in the back of the cab of the bin lorry?
The problem is a tree does not have a 'behind' - it will be in the face of somebody and people are very quick to complain about this sort of thing.

What does his workmates do? Many men working 'on the road' use a portable urinal and a discrete newspaper.
Whenever someone sounds off about laws against this that and the other I always say there are lots of things that are not allowed by law - peeing in the streeet being one of them!

Completely off post but Im sure spitting is against most byelaws. I cannot understand how footballers get alway with it.

Good point Sammy about having a break. The employer is breaking the law if there is no break after 4 hours. Not sure if he is required to provide comfort facilties.
The driver of the refuse lorry will need regular breaks as set out by law, but a 10 hour shift only requires a 20 minute break
http://www.hse.gov.uk/contact/faqs/workingtime .htm
If you consider the collectors will get as many breaks as the driver there is no need to pee in the street - disgusting!
Trust me, if you work outside, then needing a pee (especially when cold or wet) does become necessary, and irrespective of what breaks you have, if there s nowhere to go when you need to, you have to find somewhere.
Yes, you probably need to go to the toilet sometime during a 10 hour spell. That's why they have public toilets. Failing that there's facilities in cafes, shops etc where one can go during their break.

Must admit I've never known a refuse collector who was out on rounds for 10 hours! Most start early and finish halfway through the day.

Whatever length of time their shift is, there's no excuse for urinating in public.
Next time he wants to go ---tell him to pee in the driver's cab
Perhaps I should have also added that maybe apart from a tree there are no other facilities available. Honestly, some people haven't a clue....
Where I live there is no cafe and the shops wouldn't allow you in to use their facilities nor would the pub nless you're a customer - not always easy as you say.

Thats why I always wash my milk bottles before putting them in the fridge. The milkman must have to go for a whizz sometimes and I'm guessing he doesnt have hand washing facilities onboard his milk float! :o/
However you look at it, pee'ing in the street is foul and unnecessary. There are also bye laws about doing it - at worse you may even be arrested for exposing yourself
As for not having a clue Postdog - I have a very big clue TVM - I have never felt the need to pee in the street, behind a tree/bush or otherwise, no matter where I may be

1 to 13 of 13rss feed

Do you know the answer?

employment tribunal

Answer Question >>