section 44

sardonicus · Post by **sardonicus** » 01 Apr 2020, 23:35

If for any reason we feel at risk in the workplace, ie at risk of infection of coronavirus from our workplaces, can we use section 44 as a way of withdrawing from the workplace until safety measures are up to speed?

https://section44.co.uk/" onclick="window.open(this.href);return false;

Any advice/comments would be great

Thanks in advance

stay well!

Post by **aiden01** » 01 Apr 2020, 23:38

sardonicus wrote:If for any reason we feel at risk in the workplace, ie at risk of infection of coronavirus from our workplaces, can we use section 44 as a way of withdrawing from the workplace until safety measures are up to speed?

https://section44.co.uk/" onclick="window.open(this.href);return false;

Any advice/comments would be great

Thanks in advance

stay well!

Well if you have read it why not give your view.

sindba · Post by **sindba** » 01 Apr 2020, 23:44

What do you mean "use it"?

Get sacked for walking out then "use it" in your defence at a tribunal?

Or "use it" to show your manager to let you go home on, what, full pay? No pay?

It's been posted a few times here but be careful. We're not laywers and don't even know if it's legit.

sardonicus · Post by **sardonicus** » 01 Apr 2020, 23:48

aiden01 wrote:
sardonicus wrote:If for any reason we feel at risk in the workplace, ie at risk of infection of coronavirus from our workplaces, can we use section 44 as a way of withdrawing from the workplace until safety measures are up to speed?

https://section44.co.uk/" onclick="window.open(this.href);return false;

Any advice/comments would be great

Thanks in advance

stay well!
Well if you have read it why not give your view.

I have my own views, but am asking for other peoples opinions, got a problem with that?

Post by **aiden01** » 01 Apr 2020, 23:49

sindba wrote:What do you mean "use it"?

Get sacked for walking out then "use it" in your defence at a tribunal?

Or "use it" to show your manager to let you go home on, what, full pay? No pay?

It's been posted a few times here but be careful. We're not laywers and don't even know if it's legit.

Exactly take no chanches let your union decide altho can you trust their lawyers either to guide us??

Post by **aiden01** » 01 Apr 2020, 23:51

sardonicus wrote:
aiden01 wrote:
sardonicus wrote:If for any reason we feel at risk in the workplace, ie at risk of infection of coronavirus from our workplaces, can we use section 44 as a way of withdrawing from the workplace until safety measures are up to speed?

https://section44.co.uk/" onclick="window.open(this.href);return false;

Any advice/comments would be great

Thanks in advance

stay well!
Well if you have read it why not give your view.

I have my own views, but am asking for other peoples opinions, got a problem with that?

No im asking you what do you think. No need to ask if i have a problem with that can see where this will lead us effing nowhere.

sindba · Post by **sindba** » 01 Apr 2020, 23:51

In addition, RM can legitimately argue that they HAVE put provisions in place to protect us.

We all know they are woefully inadequate on the ground, but prove it.

Williaal2 · Post by **Williaal2** » 01 Apr 2020, 23:52

https://www.google.com/url?sa=t&source= ... 5781471178" onclick="window.open(this.href);return false;

sardonicus · Post by **sardonicus** » 02 Apr 2020, 00:34

aiden01 wrote:
sardonicus wrote:
aiden01 wrote:
sardonicus wrote:If for any reason we feel at risk in the workplace, ie at risk of infection of coronavirus from our workplaces, can we use section 44 as a way of withdrawing from the workplace until safety measures are up to speed?

https://section44.co.uk/" onclick="window.open(this.href);return false;

Any advice/comments would be great

Thanks in advance

stay well!
Well if you have read it why not give your view.

I have my own views, but am asking for other peoples opinions, got a problem with that?
No im asking you what do you think. No need to ask if i have a problem with that can see where this will lead us effing nowhere.

that's not what you asked

For the record I think it clearly states that an employee can withdraw labour and withdraw from the workplace if they feel unsafe in the workplace environment. it also states that no disciplinary measures can be taken by the employer if an employee cites this act as a reason for withdrawing themselves from a situation that they feel is dangerous to their health - until such times the workplace is made in their opinion safe to work in, and yes on full pay. Im surprised the union haven't jumped on this one,
Im not a lawyer im a postie, but it seems pretty straight forward.

And yes it is fully legit

Woody Guthrie · Post by **Woody Guthrie** » 02 Apr 2020, 07:52

I would advise anyone considering this route to

a) Seek proper legal advice from an employment lawyer.
b) Inform your employer first in writing citing the basis of your decision.
c) Understand that you may be sacked or have your pay stopped and have to fight for reinstatement and loss of earnings through the employment tribunal system.

It's not a cloak of invincibility.

geordieboy123 · Post by **geordieboy123** » 02 Apr 2020, 11:31

sardonicus wrote:If for any reason we feel at risk in the workplace, ie at risk of infection of coronavirus from our workplaces, can we use section 44 as a way of withdrawing from the workplace until safety measures are up to speed?

https://section44.co.uk/" onclick="window.open(this.href);return false;

Any advice/comments would be great

Thanks in advance

stay well!

Yes you certainly can but if I were you I’d get your rep or area rep to accompany you to see the manager and read out section 44 but do not walk off the job because they may have the right to ask you to do something else in a safer environment

ssdd · Post by **ssdd** » 03 Apr 2020, 19:50

Section 44 - "serious and imminent danger".

You have to ask yourself if we are really being put in that position. It may be serious, but it's certainly not imminent, as any symptoms incurred would not develop for at least a few days. They also may not be serious.