Dodgy job pressure and entitlements?

[Nige.t]

Hey guys I hope some of you might be able to give me a little bit of insight into how much rubbish I should put up with from my boss. I understand everyone wants to make a bit of money but if I am being put into a position on doing something like a cowboy builder would do, does in mainly come back on me or the guy I'm working for? Also I know its basic but do I have to supply all ppe or does my employer have to supply things like gumboots and gloves and wet weather gear, etc. currently going to be working on a site where the sewer pit has overflowed onto site and he is not giving two hoots about anything we say in regard to ohs. I know I have to also supply hand tools but where should I draw the line as in drill bits, gas bottles and solder for instance. Is it mine or his to supply things like this that I believe are consumable and should have been quoted into his building jobs. I am also gas safe but even before I touch it I want him to put me on the registery under his companies name which he is slow to do so and he expects me to hook up and run the lines which I have flatly refused to do so until he puts me on. I know this risks my job but I'd rather that than have a red mark against my name which he seems I'd just get a warning. Any advice would be greatly appreciated.

 

[basildog]

So many questions ! Lol
As for feeling as though you are pressured into being a cowboy builder I am guessing you mean the standard of work he is turning out ?
My guess is you are not happy the quality which is something personal I guess as maybe his customers do not either know any different or will not pay for a better job ?
Most guys I employed would walk away if being forced to turn out shoddy work !
The PPE side of things is easier as yes if you are employed he has to provide it and make no charge .
hahttp://www.hse.gov.uk/pubns/indg174.pdfve
Are you employed or self employed ?
All consumables should be supplied if you are employed but self employed it could well be your own ?

 

[Nige.t]

Yeah employed by him. So that's a good thing to know he has to supply consumables. It was more to the point if it's border line on the regulations who would get reamed or if I'd get hung out to dry and not come back on him.

 

[basildog]

I am not sure what you mean by regulations ?
Do you mean he is asking you to do shoddy work or break safety rules ?

 

[Nige.t]

Well he has asked me to hook up gas before he put me on the register and I refused which has caused friction. But also just what I would call unsafe or ohs issues. It was more to the point if something was done that wasn't regulation or shoddy work being employed by him is he held accountable or will I be in the line of fire and responsible for everything that he has asked me to do.

 

[Nige.t]

Where I've worked if I'm dealing with live sewer spillage it's ohs and need proper ppe and such before we start work but he is just get in there and do it without providing any form of protection. I don't mind getting in and getting dirty but hate having a monkey on my back saying we are all professional but as soon as profits come into play ohs goes out the window. I've worked on both domestic and commercial site so I understand the nature of the game but not to sure as to how it all works in this country yet.

 

[basildog]

If what he asks you to do is unsafe then tehnically you would both be liable but my guess would be nothing would be in writing so it wall probably land in your lap big time as he may well deny any knowledge and if wealthy enough employ a better lawyer than you !
My advice would be never do anything you are not happy with as at the end of the day it is only a job !
You can live without a job but could you live with yourself if someone was badly injured or worse ?

 

[AWheating]

as an directly employed person you do not need to supply anything yourself. ppe, tools, consumables etc......

ask your boss for a copy of your contract of employment, this will detail the contract between the two parties. This contract cant overide statutory rights and legal responsibilities.

i would then ask for a copy of the health and safety policy, method statements and risk assessments for the work your performing. Do the work to these and then your cover'd.

its quite normal for a tradesman to supply hand tools, theres no legal requirement to supply anything tbh. I would not supply any powertools unless it benifits your wage and i would def not supply drill bits, gas etc......

if you feel making a stand will get you the sack then make sure its over something you can claim unfair dismissal for. For example re ppe, ask for it via email, then you have proof you requested it. etc.....

 

[Ermintrude]

As above. Boss is taking the pee. You are responsible for whatever you do with gas and or water if your qualified. No shirking away from it. You do it, on your back. Sewer with no Ppe is a joke. Is there adequate washrooms and do you change before sitting down to eat? Your employer must provide facilities and part of your working time must be allocated washdown and suiting up. Just like with asbestos. If sewer has over spilled employer is I breach of Bylaws , waste shod be contained and removed by licenced carrier. Gumboots and gloves are not adequate Ppe for this sort of work. The main contractor should step in and stop work until a safe system of work is in place . You life is worth far more than the hourly rate you are being paid. If you take dirty clothes home your wife family and any unborn children could be at risk. Toxomaplasmosis?

 

[JAH HEATING]

I think you should give him the elbow mate

 

[Nige.t]

I haven't seen any risk assessments for any jobs yet and I haven't signed anything either in regard to them, mind you back home for most small domestic jobs we didn't have them either. I will defiantly keep any copies of Tex's or emails sent in regard to work though. As in regard to my power tools, at least I know where I stand now and I can put it to him for future reference.

 

[Nige.t]

Yeah ermintrude he is taking the p abit.... It's a new build as well as he is just trying to get it off the ground with little overheads, we have quizzed him over getting amenities so it's in the pipe line. Spillage is from the pit being blocked with communal pipe going to it so responsibility is from up to 20 residents at least. Got cleaned up though from scottish water. I have told him before that it's my arse and he is adamant if it's not right and I get quizzed its only a warning but honestly I have told him I'm not doing anything that might come back on me just cause he wants to save some bucks or cut corners it's my arse on the line and he can afford the fines and hassles where as I can't and not willing to compromise on that.

 

[Phil]

Your boss is rubbish, start looking for another job immediately, we are the laughing stock of Europe because we cant even build houses properly any more let alone nuclear power stations and I hold this guy personally responsible.

I wouldn't even board my dog in a new house, I may as well just use a cardboard box with a bit of plastic drinking straw for the plumbing.

 

[DaveTidy]

Be careful asking your boss for risk assessments, health and safety etc as he only has to have them written down if he has 5 or more employees (including himself).

Make a few diary notes if you are going to stay in case you feel you have to leave later due to the place of work being unacceptable.

If you have approached him, recorded it and got unacceptable answers pushing you to be in contracvention of statutory guidelines or in breach of regulations (which are also statutory) then you have a case to take to ACAS.

You don't have to be dismissed to claim unfair dismissal, with enough evidence you can just leave and start a case (why not ring them and pose the same circumstances to them it's free:

Helpline numbers

Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.

I've used them in the past as a boss and an employee.

Failing this you can call any employment law solicitor who will give you the first 1/2 hour free. I have used this a few times and never gone over the half hour.

 

[Reg Man]

Collect as much evidence as possible. Times, dates, conversations, documentation, photographs. Then resign and go for constructive dismissal. Make sure the evidence you have collected will stand up if it goes legal. A little chat with the HSE, would be interesting.