Breach of contract by employer?

[JJy2k]

Please read my previous post regarding health & safety at work before reding this thanks.

In relation to my other post about my employers breaking health & safety and putting myself and others in a hazardous situation, would this constitute a breach of contract on their part as they appear to have broken one of the statutory obligations owed to all staff by law, i.e providing a 'healthy & safe environment to work in'?

[bednobs]

they are only asking you to do something unsafe therefore if you refuse(as you have) then they are not breaching your contract in the way you suggest because no unsafe acts/environment has ocurred. If they forced you to do this stuff it might be a different matter, but by the sounds of it they havent forced you, but have realised their mistake. if they said "do this unsafe thing or leave, it would be a different prospect

[JJy2k]

Yes I have refused to lift the person myself, but once someone else has and he is elevated at the right height, we then have to stand next to the raised pallet and lift the boxes down. Is that not an unsafe act in itself given the risk of my colleague falling down and injuring myself or others?

[factor-fiction]

Employees also have a responsibility in health and safety. If you see a problem you need to report it, either to the union, the manager. if that fails try the local environmental heath office

[buildersmate]

Not sure what you are hoping to prove.
If you are after readies, the only way it works in your favour in terms of a breach of contract by the employer is if you decided they were forcing you to do something unsafe, resigned, then claimed constructive dismissal and took them to an Employment Tribunal and won. Quite a lot at stake there.
Otherwise just refuse to do the job.

[JJy2k]

So if I refused to do the job on safety gorunds and walked out, could they take any action against me and what's the likelihood of them doing that?

[bednobs]

again, it would really help if i could understand your why you are so seemingly obsessed with "walking out".
i dont think you have a legal "right" to walk out just refuse to do the unsafe thing!
get your colleague to refuse to do the unsafe thing too, or speak to the management and get them to stop asking. You also have a duty of care both to yourself and your colleagues as factor says
You do not have to walk out to get your safe environment - just refuse to do the things you think are unsafe and get on with something else!

[buildersmate]

Quite so, bednobs.
I have a strong feeling of deja vue over this. I'm sure we said the same thing last week - you don't have to walk off the site - just decline to do the unsafe job.
Next, please.

[JJy2k]

Ok well thanks guys.