Are my workplace breaking the law?

Slightlysayan · 2020-10-27T20:44:02+00:00

I work in a very populated warehouse on a table with machinery (sewing) Most of us have only just returned to work after furlough. Our work stations are not two meters apart and I raised this with my manager. He said that as we are back to back the world stations don’t need to be 2m apart. I don’t feel like this is correct as we are still within 2m of each other all day. Am I being unreasonable or should I refuse to work until this is changed?

Mmsnet101 · 27/10/2020 20:46

He's not wrong about being back to back but still not ideal. Ask to see their risk assessment.

Would you prefer to wear a mask all day?

Grapefruitcauliflower · 27/10/2020 20:48

YANBU and they are wrong. Agree you should ask to see their risk assessment. Are you in a union?

Original poster

Slightlysayan · 27/10/2020 20:48

@Mmsnet101

He's not wrong about being back to back but still not ideal. Ask to see their risk assessment.

Would you prefer to wear a mask all day?

@Mmsnet101

I do wear a mask all day but no one else does.

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LouiseTrees · 27/10/2020 20:49

Could they put screens up between your backs? Still not great but another protective measure. That and wearing masks.

Original poster

Slightlysayan · 27/10/2020 20:49

@Grapefruitcauliflower

YANBU and they are wrong. Agree you should ask to see their risk assessment. Are you in a union?

Yes I am in a union. Should I contact them?

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LouiseTrees · 27/10/2020 20:50

Which country are you in? There are different laws in each.

MrsPinkCock · 27/10/2020 20:50

Your workplace is required to have workers socially distance where possible

If it isn’t possible to continue the work activity and maintain 2m, they need to either not run the activity (which I assume isn’t possible as the business wouldn’t be able to continue) or apply mitigation - extra hand washing, back to back workers, face masks, whatever they can.

If you’re working back to back and can’t reasonably socially distance then they’re acting lawfully.

You could still refuse to attend work on health and safety grounds if those grounds were reasonable, but you would lose pay and could end up losing your job for breaching your contract and refusing to attend work...

Original poster

Slightlysayan · 27/10/2020 20:50

@LouiseTrees

Could they put screens up between your backs? Still not great but another protective measure. That and wearing masks.

@LouiseTrees

I really don’t think they would go to that effort.

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Original poster

Slightlysayan · 27/10/2020 20:51

@LouiseTrees

Which country are you in? There are different laws in each.

@LouiseTrees UK - England.

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ilovesooty · 27/10/2020 20:52

Yes contact your union. They should ask to see the risk assessment.

dontlikebeards · 27/10/2020 20:53

Depending what country / tier you are in 1m+ is acceptable with added precautions ie back to back.

Flyingskunk · 27/10/2020 20:54

Legally you don’t have to be 2m apart or even 1m with other measures if not possible. It’s all on the gov website.
Doesn’t mean it’s not worth talking to your union though to ensure it’s as safe as possible
www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/factories-plants-and-warehouses#factories-3-3

Redcherries · 27/10/2020 20:54

It’s 2m where possible. It’s impossible for me to keep staff 2m away from each other without creating increased risks of a different (dangerous to them) type but if it was a case of rethinking work stations I would be.

topcat2014 · 27/10/2020 20:54

We had all our computers turned to face the wall, like classroom dunces :)

Original poster

Slightlysayan · 27/10/2020 20:55

@dontlikebeards

Depending what country / tier you are in 1m+ is acceptable with added precautions ie back to back.

Tier 2. But doesn’t that make us all close contacts? If someone tests positive are we all at risk? Last week someone tested positive.

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throwaway100000 · 27/10/2020 20:56

I don’t think you have to be 2m apart from colleagues by law - as it’s simply not feasible at times. I’m happy to be corrected though.

Original poster

Slightlysayan · 27/10/2020 20:57

@topcat2014

We had all our computers turned to face the wall, like classroom dunces :)

@topcat2014 2m apart?

The problem is the factory is so busy, people walking around a lot too.

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Osirus · 27/10/2020 20:57

It’s not illegal. You’re not facing each other so it’s acceptable, from a legal viewpoint.

Crazycrazylady · 27/10/2020 21:07

Not illegal as it's only a guideline where possible.
If you're very anxious, you could ask to take time off unpaid?
However the situation is unlikely to change for the next number of months so not sure that would work for either you or your employer in the medium term.

Original poster

Slightlysayan · 27/10/2020 21:08

@Crazycrazylady

Not illegal as it's only a guideline where possible. If you're very anxious, you could ask to take time off unpaid? However the situation is unlikely to change for the next number of months so not sure that would work for either you or your employer in the medium term.

@Crazycrazylady

I can’t really afford to do that. Especially after months of furlough.

I do feel anxious but only because people have tested positive but none of us have been made to isolate which I don’t understand as we spend all day less than 2m apart.

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12309845653ghydrvj · 27/10/2020 21:13

If you’re less than 2 meters apart but back to back, that is fully acceptable under the guidelines.

Cbatothinkofausername · 27/10/2020 21:23

Below is the relevant guidance. You will note the use of the word guidance, which I would assume means there is no actual law that prevents your employer from placing you less than 2M apart.

However your employer should have done a full risk assessment which you are entitled to ask for.

Back to back working does count as something that mitigating risk and could allow your employer to reduce stations from 2M to 1M apart. I work for a restaurant and we were told that simply opening a window was one thing that would allow us to place tables only 1M apart, which I personally thought was not going to make the guests feel very safe.

Do you have a union? Is there anyone you could speak to and request further measures like screens?

www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/factories-plants-and-warehouses

Star81 · 27/10/2020 21:33

Have you got the track and trace app ? If you’ve been near someone who has been tested and is positive this would alert you ? Other than that presumably the positive person will say you are a close contact and you’d be notified by track and trace that way to isolate for 14 days ?

Original poster

Slightlysayan · 27/10/2020 21:47

@Star81

Have you got the track and trace app ? If you’ve been near someone who has been tested and is positive this would alert you ? Other than that presumably the positive person will say you are a close contact and you’d be notified by track and trace that way to isolate for 14 days ?

I don’t check in when I go to work, wouldn’t I have to check in for it to notify me?

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Original poster

Slightlysayan · 27/10/2020 21:48

@Star81

Have you got the track and trace app ? If you’ve been near someone who has been tested and is positive this would alert you ? Other than that presumably the positive person will say you are a close contact and you’d be notified by track and trace that way to isolate for 14 days ?

@Star81

Also, I don’t to anywhere apart from work.
I don’t even go to the supermarket.

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