Agency Work Law

[nailit]

Im fuming! Sick of all this zero hours contracts and agency work boolicks.

My son has been on agency work for years, unable to get a full time job but works where he can.
Health and safety of agency workers seems practically non existant.
In the past he accidently nailed gunned a piece of wood to his finger due to no protective gloves been provided (and the firm involve hired a lot of cash in hand workers as well) Since then it has turned out to be a right Micky mouse firm due to one reason or another but one still on agencys books.

At his present firm he has sliced his finger, again due to no protective equipment. And tonight he is currently in A&E with a suspected ankle fracture after been ordered to drive a warehouse vehicle (something similar to a forklift) without a license and had an accident. At the time, the manager, and other personall, found it funny to make fun of his 'accident proness' while he was in agony. He was only an agency worker after all. He's walked off the job after waiting 20 minutes to see a first aider who laughed at him and told him to wait. and worried about what the agency will say. He got a load of stick of the agency a few months ago as he had to have a day off to visit the dentist when his tooth broke.

Seems that agency workers have no rights (Although theres bound to be something in law)
Just pees me of.
My son may not have employment now, but how do I report these firms that have no care for their zero hours, no contract agency workers?
And how do I report the agencies that still recruit for these Micky Mouse firms?

[fiction-factory]

Health and safety laws apply to agency workers. If the agency won't help him just get a solicitor who will gladly put in a claim (or claims) if things were as you say

[fiction-factory]

Take a deep breath then you and your son should read this and advise the HSE using the online form
https://www.hse.gov.uk/contact/concerns.htm

[webbo3]

Agency workers have exactly the same rights as full time employees and I'd report the company for failure to provide PPE as its against the law and for the first aiders attitude needs to be reported.

[nailit]

And how do we pay for a solictor?
Is legal aid still available ff?

[bednobs]

how would gloves have prevented him nailing wood to his finger with a nail gun?
The agency need to get involved IMHO. If the firms are treating their agency workers like this they are probably also treating their staff like this. The HSE will also be interested, although they'll expect your son to have raised it with the firm first (and been abused/ignored no doubt!)
Anyway, your son probably needs to take some responsibility for himself too - if someone asks him to do something that is blatantly unsafe or beyond his abilities he has a responsibility to say "no"

[fiction-factory]

no win no fee. (although I think you are normally required to take out an insurance policy but can claim that back if you win). Wrth going to a Personal Injury solicitor- either one you know or one of the 'take no nonsense ' firms that advertise on TV

[fiction-factory]

Good reply from bednobs.

[bednobs]

no win no fee will probably only be interested if he has to spend time in hospital (which we don't know yet).

[nailit]

Ive let things drop in the past re: my sons employment, but its taking the *** now. minor injuries we can all expect, but been told to drive a vehicle that you are not licensed for...and then crushing your anke/foot against with and attending A&E? And been laughed at as well?
****em.
My son just wants to work,

[nailit]

//Anyway, your son probably needs to take some responsibility for himself too - if someone asks him to do something that is blatantly unsafe or beyond his abilities he has a responsibility to say "no"??//
Absolutely bednobs.
His concern has been that ...in the past ....the recruiting firm has said no to him as well for not accepting what they offered him.

[bednobs]

as i said, (or implied) H&S is EVERYONE'S responsibility, and the worker also needs to take responsibility by not walking by if they see something unsafe, not undertaking something unsafe; not doing things that are beyond their abilities

[Tilly2]

He should have said, 'No, I'm not trained to drive that machine.' Easily said in hindsight, though.

[bednobs]

sorry, we cross posted there.

[Prudie]

I'd also suggest going forward he joins a Union. I'm also surprised that even a Mickey Mouse company wouldn't make sure they don't break the H&S at Work regs, the HSE would come down on them like like a ton of bricks in several of the situations you've related, especially the forklift one.

[nailit]

//He should have said, 'No, I'm not trained to drive that machine.' Easily said in hindsight, though.//
At the age of 54 I would have easily said it. (with a bit more language)
At the age of 24 I would have kept my mouth shut for the sake of my job. As you say Tills, hindsight is a wonderful thing.

[Buenchico]

Strictly speaking, there's no such thing as a 'forklift licence'. However the law states that "Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of Health & Safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail precautions to be taken". [Provision and Use of Work Equipment Regulations 1998].

For general advice on employment issues, call the Acas Helpline:
https://www.acas.org.uk/contact

To report specific issues, use F-F's link.

[nailit]

//I'd also suggest going forward he joins a Union.//
What union do agency workers have?
Never been an agency worker myself so dont know what unions exist for agency workers. Do they exist?

[Tilly2]

Is he still working at Asda, Nails?

[Theland]

A union will pay his legal fees but not in retrospect.
Must be a member for a certain time.

[nailit]

Some new bathroom firm in Tunstall Tills.
Guys a millionaire by all accounts.....
Made his money off cheap labour!