Failed spidometer test at work

[addicks11]

Hi all just trying to get some help for my friend at work. He recently was given a spidometer test at work to check his breathing capabilities, which was unfortunately failed. He works in a bakery for Asda. He was told that he could no longer work in the bakery and could be dissmissed. I would be grateful for any advise I can get to help him with his rights and what he should do next.

Many thanks
Addicks11

[miliitant]

Re: Failed spidometer test at work

may i ask by what authority did they give to justify this test

has he ever been refered to occupational health for his breathing, has he asthma for example

does his contract of employment state health screening

who carried out the test, a nurse, doctor, occupational health? or a line manager

equality issues can come into the equation on this

the only thing i am aware of on staff that have direct contact in the preporation of food items is a health and hygiene certificate, not a spidometer test

[bluebottle]

Re: Failed spidometer test at work

I think the OP means a spirometer test, Miliitant. A spirometer is used to determine whether a person's lungs have sustained damage and to what extent. If the reading is below 89%, it means the person's lungs have sustained irreversible damage. If the reading is 89% or above, there is a chance the lungs will recover. The other test that is often done - and confused with a spirometer test - is a Peak Flow Test, which is carried out using a Peak Flow Meter. This measures the capacity of a person's lungs.

If Asda gave the OP the spirometer test, then they need to tread carefully, as the spirometer readings could be used as evidence of failure, on Asda's part, to suppress dust. I do know that flour can cause lung problems. If Asda try dismissing him, I would think he would have a pretty strong case for unfair dismissal and calling in HSIs from the local authority Environmental Health Department.

[miliitant]

Re: Failed spidometer test at work

thats my interpretation on it

who instigated the test
their is a set procedure for redundency on ill health ground as its a form of dismissal and usually involves an enhanced redundency package

who is making that decision, occupational health, GP, or a line manager trying to reduce a staffing role to cut costs

as to dust, their is a factory in Banbury Oxfordshire called General Foods , now kraft jacob suchard. They make birds custard and Maxwell house coffee etc

they had a build up of custard powder in the air and it blew the side of a building out as it ignited the dust particles (explosion) never thought that custard powder dust was explosive

but besides that

what we need to know is who conducted this test and are they qualified to conduct such a test, and is health screening a condition or term set out in the contract of employment

[addicks11]

Re: Failed spidometer test at work

I have asked him and he says as far as he knows its a private company. He was told last year after his second one that they would come back to monitor him in a couple of months because his reults were poor. They did not return untill a year later. He also has complained that the extraction fans in the bakery have not worked for the last seven years on numerous occasssions but nothing was done until the day after the screening. As far as he is aware his contract never stated a health screening when he started 8 years ago. The screening started 3 years ago. The psm told him after the screening that he must leave the bakery. She also said that they could dismiss him but are prepared to offer him employment on the shop floor for 8 hours less per week and a reduced rate of pay. As he currently earns a bakers rate of Ł10 per hour, and shop floor rate is Ł7.50. He also wants to know if he can request some time off to recover and be given the chance to take the test again.

[miliitant]

Re: Failed spidometer test at work

this smells of cost cutting

has he been to see his GP AND DISCUSSED THIS medical report to substantiate the findings of this company

can you personal message me the name of this company please

[addicks11]

Re: Failed spidometer test at work

Also he has been told to work one more week in the bakery because a baker is on holiday but he must work around the front on the ovens. If that is allowed to suit them then surely it should be allowed as on a ongoing practise.

[miliitant]

Re: Failed spidometer test at work

please reply to my last post

thanks

and was he originally employed as a baker as to his contract of employment, was the job advertised as a baker when he first started for ASDA

HAS HE ALLWAYS BEEN A BAKER FOR ASDA

i will check back in later today but see if you can dig out your contract of employment or employee handbook

[addicks11]

Re: Failed spidometer test at work

I will let you know what's the company name. He does know that he was employed as a baker and he contract states that title. He has always been a baker since being employed by asda. He has not been given any test results to show his doctor as yet.
Thank you for the help, I really dont want him to leave he is a great baker and a good friend and anything you can do to help will be much appreciated.

[bluebottle]

Re: Failed spidometer test at work

From what you've said, Asda are well and truly in the poo for not keeping the extractor fans properly maintained. If this has resulted in irreversible damage to your friend's lungs, he could seek damages from them for breach of a statutory duty under Section 2, Health and Safety at Work Act 1974 (Failing to Ensure A Safe Working Environment). Asda could also be liable to prosecution under the same provision, especially if it is shown that your friend's respiratory function has been permanently impaired/damaged by Asda's failure to maintain the extractor fans, choosing only to repair them after the adverse spirometer test result was known. If ever there was a case of shutting the stable door after the horse has bolted, this has to be one. If he is a trade union member, I am wondering if their legal department could force Asda into a corner whereby they retain your friend on the shop floor at his current rate of pay, regardless of hours. I believe it's called a Compromise Settlement. Your friend keeps his job, without losing pay, and Asda avoid getting their backsides kicked good and proper by the courts.

[miliitant]

Re: Failed spidometer test at work

you read my mind

how dare they try and reduce his salary and hours through a situation they are responsible for

[bluebottle]

Re: Failed spidometer test at work

how dare they try and reduce his salary and hours through a situation they are responsible for

Exactly my feelings!