Your questions answered - June 24

Q: I have a colleague with epilepsy who feels she shouldn’t be asked to do some of our work tasks because we’re identified as lone workers. Is this correct?

Employers must manage any health and safety risks before people can work alone. 

Lone workers are those who work by themselves without close or direct supervision, for example:

• As delivery drivers, health workers or engineers
• As security staff or cleaners
• In warehouses or petrol stations
• At home.

The law states that there must be appropriate measures in place to reduce risks for all employees. The safety measures needed for people with epilepsy might not be any different than those provided for everybody else, but doing a thorough risk assessment will highlight any situations that might be riskier for your colleague.

If your colleague feels she may be discriminated against by your employer then bear in mind that, if her epilepsy is unlikely to be a health and safety risk, there is no legal duty for her to disclose it. But it’s worth discussing all of this with your employer first.

Further information can be found at the Epilepsy Society.

Q: I work in a shop and am concerned about violence from customers. How can I make sure my boss takes the rising threat of violence seriously and protect me and my colleagues?  

This is an increasing threat throughout the country, sadly, with the British Retail Consortium reporting that “violence and abuse against retail workers soared last year, with the latest figures from the British Retail Consortium’s (BRC) crime survey revealing that the number of incidents rose to 1,300 per day in 2022/23 from almost 870 per day the year before.”

The seriousness that your boss needs to show is quite clear cut: they have a legal duty to protect the health, safety and welfare of employees, under the Health and Safety at Work Act 1974. This duty includes all forms of work-related violence, which the HSE defines as: 'Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work'. This means:

• Physical violence – including kicking, spitting, hitting or pushing, as well as more extreme violence with weapons
• Verbal abuse – including shouting, swearing or insults, racial or sexual abuse; threats and intimidation
• Tackling the risk of violence is the same as dealing with any other possible cause of harm in the workplace, such as slips and trips and lifting heavy loads.”

Firstly, make sure you protect your own health and safety. It is worthwhile talking to your boss about the issues, outlining your concerns and double-checking that they have undertaken the correct risk assessments to identify the potential for any of this type of incident. Also ask for any specific training that you feel may help. 

Q: The UK Prime Minister was recently talking about long-term sickness and helping people to stay in work. What might this mean for health and safety managers?

We all recognise that work is an effective way to improve wellbeing – reducing the risk of depression, improving physical health, and building self-confidence and financial independence.  

According to the Department of Work and Pensions, WorkWell is a new work and health support service being rolled out across 15 areas of England to help people with health conditions back to work. This service will be provided in those pilot areas for anyone with a health condition or disability - including mental health conditions - who wants to work. It is a voluntary service, so people will be able to self-refer, or they may also be referred to WorkWell through their GP, employer or the community sector.

Check with your employer what specific conditions may apply to your health, safety and wellbeing provisions, or for more information, check the UK Government website. 

Don’t forget to submit YOUR questions to policy@britsafe.org