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Hello everyone,
I am trying to help my boyfriend who has been working for 4 yrs as a repairer of new builds for a company where the employer has flouted several areas of his contract.
I am going to try to keep this as clear as possible so I am writing a list of the issues he is currently dealing with.
: He recently found out he has been wearing the incorrect face wear for the whole 4 yrs and as such been put at risk to being exposed to toxic paints.
: He found out that the COSHH assessments have been falsely written by the boss stating employees at no risk even though paint manufacturers say otherwise. (Boss has since back tracked and admitted he is at 'low' risk according to his H&S advisor) - research suggests otherwise though.
: Boss has never held any meetings to do with Health and Safety even though my BF has pushed for this.
: BF is currently experiencing chest pains and went to hospital on one occasion due to pain - doctor aware that he has been exposed to paints and this is currently ongoing. (may or may not be related and we are aware of that)
: He has never received correct payslips - something he has been actively trying to rectify with the boss as it is effecting his ability to get a mortgage or loan. He has contacted the revenue who said they believe the boss is acting in a way that suggests he's trying to avoid tax. It is possible my boyfriend has been paying too little or too much but we cant find this out until payslips are correct.
: Boyfriend has been signed off through work related stress/depression caused by trying to get boss to rectify problems and not getting any support whatsover from the boss.
: ACAS have informed him that he has enough evidence to take boss to court but my bf would prefer a settlement figure which is what he has presented to the boss the last week or so with the evidence of the breaches etc.
: Boss has retaliated by offering an occupational health assessment/fitted correct masks/updated COSHH reports and as a result ACAS say now my BF may not have any case against him.
: Boss through various ongoing conversations and meetings has admitted he no longer wants my BF to work for him but now he is saying he wants him back by end of this week. (Currently being paid but off whilst all this is investigated and resolved)
:Obviously my BF feels sick by the idea of going back into work for someone where the trust and confidence on both sides is utterly broken down. Apart from that he no longer wants to lie to clients on behalf of boss or continue working with incorrect payslips.
So, my question is what rights does my BF have, if any? He has lots of evidence on emails that prove the boss has breached his contract, he has doctors notes that confirm he has been off due to stress/depression as a result of working for this man and he can probably get something to prove he has been driving a van for years that wasnt sealed correctly, again exposing him to harmful chemicals. It has since been done by my BF himself.
Any advice would be helpful, I am at a loss as to how much this employer has breached his duty of care and contract and yet BF is now in a position where he has to go back to work and feel incredibly uncomfortable or resign and be faced with unemployment as a result? There is a chance of him claiming constructive dismissal but after everything that has gone on I feel sickened that that is all and even then there is little chance he would win.
ANY advice would be much appreciated. There is still more things I could list that may be important but I will leave it here for now until I get a response.
Thank you.
Luisa
I am trying to help my boyfriend who has been working for 4 yrs as a repairer of new builds for a company where the employer has flouted several areas of his contract.
I am going to try to keep this as clear as possible so I am writing a list of the issues he is currently dealing with.
: He recently found out he has been wearing the incorrect face wear for the whole 4 yrs and as such been put at risk to being exposed to toxic paints.
: He found out that the COSHH assessments have been falsely written by the boss stating employees at no risk even though paint manufacturers say otherwise. (Boss has since back tracked and admitted he is at 'low' risk according to his H&S advisor) - research suggests otherwise though.
: Boss has never held any meetings to do with Health and Safety even though my BF has pushed for this.
: BF is currently experiencing chest pains and went to hospital on one occasion due to pain - doctor aware that he has been exposed to paints and this is currently ongoing. (may or may not be related and we are aware of that)
: He has never received correct payslips - something he has been actively trying to rectify with the boss as it is effecting his ability to get a mortgage or loan. He has contacted the revenue who said they believe the boss is acting in a way that suggests he's trying to avoid tax. It is possible my boyfriend has been paying too little or too much but we cant find this out until payslips are correct.
: Boyfriend has been signed off through work related stress/depression caused by trying to get boss to rectify problems and not getting any support whatsover from the boss.
: ACAS have informed him that he has enough evidence to take boss to court but my bf would prefer a settlement figure which is what he has presented to the boss the last week or so with the evidence of the breaches etc.
: Boss has retaliated by offering an occupational health assessment/fitted correct masks/updated COSHH reports and as a result ACAS say now my BF may not have any case against him.
: Boss through various ongoing conversations and meetings has admitted he no longer wants my BF to work for him but now he is saying he wants him back by end of this week. (Currently being paid but off whilst all this is investigated and resolved)
:Obviously my BF feels sick by the idea of going back into work for someone where the trust and confidence on both sides is utterly broken down. Apart from that he no longer wants to lie to clients on behalf of boss or continue working with incorrect payslips.
So, my question is what rights does my BF have, if any? He has lots of evidence on emails that prove the boss has breached his contract, he has doctors notes that confirm he has been off due to stress/depression as a result of working for this man and he can probably get something to prove he has been driving a van for years that wasnt sealed correctly, again exposing him to harmful chemicals. It has since been done by my BF himself.
Any advice would be helpful, I am at a loss as to how much this employer has breached his duty of care and contract and yet BF is now in a position where he has to go back to work and feel incredibly uncomfortable or resign and be faced with unemployment as a result? There is a chance of him claiming constructive dismissal but after everything that has gone on I feel sickened that that is all and even then there is little chance he would win.
ANY advice would be much appreciated. There is still more things I could list that may be important but I will leave it here for now until I get a response.
Thank you.
Luisa
