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Can bosses cut all communication at work?


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I work security in a haulage yard doing 4 nights on 4 nights off.

 

I have a pregnant wife due to give birth in 9 weeks at home as well as a poorly nearly 3 year old.

 

Recently a ruling was handed down banning all mobile phones on work premises. This has never been a problem as obviously they were only used when needed and when I'm at work alone at night I'll often have a movie or the radio on through my phone while performing my usual duties.

 

The letter we've had threatens disciplinary action if phones are found being used.

 

Now I'm a lone worker, the phones in my office are internal only and obviously I have to be able to contact drivers Etc for the company through the night, and also so my wife can contact me and vice versa. Until now the company has always just assumed I'd be using my own phone if i had to reach anyone in an emergency or for company purposes.

 

Is this really a reasonable order being I'm on my own on the yard at nights and my phone is my only method of getting help should anything happen and Also the only way my wife has to reach me as the company switchboard doesn't work outside regular operational hours?".

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If they want to ban you having your mobile phone at work, then they should provide you with a work phone with an outside line

 

I am sure health and safety would say you need to be able to call for help if something went wrong

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Hi

I don't think this new ruling has been thought through properly. While a mobile phone can be replaced with a tablet PC for entertainment purposes, this would not help you in an emergency.

 

I would assume that as this is a haulage yard, there would be trailers loaded and ready for hook up so what would happen if the site was raided? How would you call for help?

 

Do you patrol the site? What facility is available should you fall ill or again if you were raided?

 

There are far too many variables that 'could' happen where you will need external communication.

 

If the company ntruly ban all external communication using your own phone, they need to put something in place to assist you in doing your job.

 

Are you a member of a union?

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Does the employer (Yard) have a trade union representation

 

I would be asking the employer for a copy of the relevant risk assessment/safe systems of work done before implementing this policy

 

I can see no reason why staff cannot have personal mobile phones as long as they are only used in an emergency situation. It is quite easy just to set them to vibrate with incoming calls

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Yes there is full site patrols which involve being around 15 minutes walk from the office so if something were to happen it would mean I had no method of calling for help at all.

 

I kinda see what they are talking about if they don't want my phone being used for TV etc (although at 2 in the morning when there's no one else there I can't see the harm) but they've made it clear they want all phones locked away and turned off and haven't made any attempt to give me any alternative whatsoever. I told the manager I wouldn't be adhering to the new policy and if they wanted to discipline me then to go ahead.

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:-) V Capital One £300 of unfair charges revoked 2009

:-) V Nationwide £270 of Bank Charges Revoked 2010

:-) V Moorcroft Debt Collection £130 Charges Revoked 2010

:-) V Manchester City Council £75 Parking charge Revoked 2010

:-) V Former employer Undisclosed settlement forced after unfair dismissal 2011

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You could always threaten your company with action for violation of your rights to privacy, expression

and family life. Any court or tribunal would have to have regards for your rights when deciding whther they company was entitled to restrict said rights.

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Hi

 

There is also this HSE link on Lone Workers: http://www.hse.gov.uk/toolbox/workers/lone.htm

 

In the above link is a link to download a PDF leaflet on 'Working Alone - Health and safety guidance on the risks of lone working'

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This has nothing to do with article 8 & 10 ECHR

 

This comes under health and safety legislation and your contract of employment

 

 

 

Using H&S legislation would be the primary complaint, but violation of ECHR rights can also used as secondary should it ever need to be escalated to a tribunal.

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Negative as we are talking of a Contractual issue with a change to his contract of employment and the impact that will have on existing statute.

 

That statute will be the Health and Safety at Work Act and the Employment Rights Act

 

Every statutory act has to be compatible with the Human Rights Act

 

The Convention does not apply to us mere mortals, only to Governments and Government policy

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Negative as we are talking of a Contractual issue with a change to his contract of employment and the impact that will have on existing statute.

 

That statute will be the Health and Safety at Work Act and the Employment Rights Act

 

Every statutory act has to be compatible with the Human Rights Act

 

The Convention does not apply to us mere mortals, only to Governments and Government policy

 

 

used to be thought of that way. but a number of individuals, have successfully sued Facebook based on ECHR rights. the courts must have regards to the rights when making any decision

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I think you will find that will be under Data Protection Act and the Protection from Harassment Act that a claim was brought against the perpetrators, not Facebook,

 

Facebook can only be directly held responsible for hosting those pictures and refusing to remove them when requested under existing legislation if deemed inappropriate

 

People posting intimate pictures to get back at their ex or cyber bullying as examples

 

 

But let us not go off topic from the original thread

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I think you will find that will be under Data Protection Act and the Protection from Harassment Act that a claim was brought against the perpetrators, not Facebook,

 

Facebook can only be directly held responsible for hosting those pictures and refusing to remove them when requested under existing legislation if deemed inappropriate

 

People posting intimate pictures to get back at their ex or cyber bullying as examples

 

 

But let us not go off topic from the original thread

 

 

These were to do with Data Protection and Protection from harassment, were directly against facebook ltd and other parties, and facebook had to pay damages.

in XY v Facebook the court considered the ECHR right to freedom of expression was relevant to the case. therefore in my opinion there is nothing stopping other convention rights being considered by the court either.

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Lets stay on track folks,

 

Do not think we have reached the point where the HRA needs to be considered.

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Old Department store I use to work for system - any personal calls were directed to personnel department for review (i.e. major emergency) then person contacted if deemed so, if not details passed to employee. certain phones i.e. my phone (Managers outside capability for emergencies/business dial 9 type), now how many times do you shop and all the assistants are on the mobile phone- lost count!!!!!!!!!!!!!11 shelves need filling and rubbish everywhere.

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Lets stay on track folks,

 

Do not think we have reached the point where the HRA needs to be considered.

 

 

 

I juts raised as if I was in the position, it would be one of the sub-points raised in my complaint letter to management after the raising of the points under H&S and that my contract with the company does not state that not allowed to use private mobiles. just another string in the bow.

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