Office overcrowding

[airedailleurs]

I work in an office that is open-plan except for a few meeting rooms, and everyone hot-desks. The company is hiring more and more people and there is actually not enough space for everyone to sit at a desk so there is an overspill into meeting rooms, meaning that said rooms are then not available for actual meetings!

So a good number of sometimes very new employees find themselves sitting in uncomfortable seats with no landline phone or pc screen (a big issue if they work a lot with Excel for example).

The company is refusing to address this even though there is space to put a few more desks (not enough though to meet demand), and not all staff have permission to work remotely/from home, which is the obvious and easiest way to alleviate the overcrowding.

My understanding is that this state of affairs is actually illegal, does anyone know the implications of whistleblowing in this scenario please? I.E. would the company be fined or forced to add desks / fire people? Many thanks in advance!

Er, I don't think it's illegal - providing you can at least 11m2 pp which is not a lot really. They don't have to have 1 desk pp and they don't have to provide big screens. It's not a particularly pleasant working environment for sure but I know lots of offices like this now office space is so expensive, including some in heavily unionised industries, and I haven't heard of any of them getting forced to add more space or provide more workstations/meeting rooms. Who would you be planning to whistleblow to, the Health and Safety Exec I guess?

As far as I know the company are obliged to risk assess their workstations and DSE users (probably everyone) should have a self-assessed/manager assessed personal risk assessment for their DSE use, but providing there isn't an unreasonable level of risk e.g. people hurting their backs from not using proper seating, I don't think a complaint would get taken much further, perhaps they would be pointed in the direction of some guidance but if they are determined not to change then it might not work. HSE do have the power to fine employers or force changes in the case of serious risks to Health and Safety but I am not sure a desk shortage would fall under that category. Maybe have a browse on the HSE website and draw your employer's attention to any parts you feel they are not compliant with if you haven't done so already?

Can you/your colleagues come up with some sensible rules and actions to make the space work better, e.g. a prioritisation system for anyone with MSK problems or who needs to use Excel all day to get first dibs on the desks, for people who can work remotely to do so at least a few days a week, and to get more people authorised to do so? The company/management may be more responsive if you are seen as working with them to solve the issue rather than just complaining or asking for things which cost money?

What steps has anyone taken to raise concerns about this already? Has anyone asked for risk assessments, or raised it in team meetings/with manager/in a formal grievance?

Hi thanks for your responses.

To my knowledge nobody has made a formal complaint or request for risk assessments as the main MD is the bottleneck in refusing to add desks and I imagine they think it's not worth putting their necks on the line when he can see there is an issue and is choosing not to address it.

Yes I would report to Health & Safety Exec, with reference to this guidance from its website:

www.hse.gov.uk/simple-health-safety/workplace-facilities/welfare.htm

A healthy working environment
To have a healthy working environment, make sure there is:
good ventilation – a supply of fresh, clean air drawn from outside or a ventilation system
a reasonable working temperature so it’s comfortable to work (usually at least 16°C, or 13°C for strenuous work, unless other laws require lower temperatures)
lighting suitable for the work being carried out
enough room space and suitable workstations and seating

You wouldn’t get very far with whistleblowing unless you could prove that you’ve tried to raise something like this internally first.

Email your line manager outlining your concerns, stressing that you are concerned that it is affecting people’s Ability to do their job effectively. Follow up With them regularly in writing.

Work to rule - take some time at the beginning of each day to complete a DSE assessment every time you have to change desks. Highlight and raise where you do not feel it is safe to continue working.

Sympathies though, OP - I work in an office with ‘hot desks’ which mean half the time I can’t find anywhere to work; and have to spend ages faffing around sorting out my laptop/cables etc. Finding a meeting room is also a bloody nightmare, and so many meetings happen in the ‘break out areas’ which are actually bloody uncomfortable and noisy for a proper meeting! God knows what i’d do if I actually needed to talk to my manager privately...

No you can’t whistleblow to the HSE without even raising it with your line manager. If your employer has a whistleblowing policy I would expect it to point to various internal options for raising concerns first, which is entirely reasonable.

If requests for risk assessments/other complaints are persistently ignored and go unaddressed, then whistleblowing might be an option.

Almost everyone has raised it with the HR Director but he is powerless as the main MD refuses to budge.

I find it upsetting to see sometimes very senior new members of staff hired only to find that they do not have access to adequate facilities to do their job properly. It's so disrespectful!

Just remind them that for each offense under the Act or Regulations (This one comes under it own Regulations which are an expansion of the actual HASAWA) there is an unlimited fine, either 6 or 24 mths imprisonment depending on the court heard in and oh yes being banned from being a director for either 10 or 15 years... remember the per offense bit

@RB68 how very interesting! So hiring new staff knowing that they cannot adequately be accommodated is a single offense? Who would be punished, would it be the main MD? TIA

It seems very strange to pay people to do a job, which they are then unable to do because they can't access the necessary tools such as phones and computers. What are these people doing when there isn't a computer free, and if the answer is 'not much' then isn't that quite expensive?

@evilpostbox some people are allowed to work from home, not everyone though. I have asked to but am not allowed to for example. Some people who are allowed to work remotely are not always able to as the technology doesn't work properly.

@calamityjane they have laptops and smartphones. I don't need a large screen but do need a landline. As well as that though people are squashed up and uncomfortable and don't feel valued and just cannot work as well as they could if they had proper facilities.

The MD in this case seems like the "controlling mind" which is the phrase they use - would be under s37 of the Act BUT crucially immediate managers and also HR might be in the firing line as well - its down to who the CPS decide to pursue (based on evidence of the breaches) as it is a criminal matter. If for e.g. it was raised on email to your manager and then raised with MD they would both be in the firing line as written evidence they were informed and aware. So it actually reads:
"Where an offence is committed by a body corporate and is attributable to any neglect, consent or connivance of a director or other senior officer, then that person may also be prosecuted"
Personally I would stick your MD under Connivance as he knows, he refuses to do anything and is worming his way out of it so is conniving to not meet his legal obligations to his staff.

Also younger people who have not yet attained the age of 18 are a vulnerable group and more duties are owed, although I suspect the people you are talking about are 21 ish rather than younger.

Number of offences can vary, with this one could be 1 under general duty 2(1) of the act, another under 2(2) probably 2 (d) but there are also responsibilities under common law and it could be brought under that as well.

I would also look at welfare facilities per the legislation as well - as generally if overcrowded are there sufficient loos and sinks, sufficient rest places and eating/drinking facilities, provision of and access to water, have eye tests been made available given screen work and insufficient equipment to do the work. I would also check no of firewardens and procedures, then First Aid provision again dependent on no's of staff. So as soon as you start looking then a whole can of works can be opened.

The allowable space is 11m squared BUT crucially it can be no more than 3m high but also there must be sufficient room for ease of moving around - so that means for a wheelchair as the largest thing that might need to transverse corridor or between desks etc

RB68, could you give us some examples of where the HSE have prosecuted for things like overcrowded office space or lack of suitable DSE equipment, OR of successful private prosecutions of the same? I was under the impression HSE tend to only prosecute in cases of fatalities or serious injuries but I am very willing to be corrected if I'm wrong...