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  • #31
    Originally posted by Bibs
    Yeah - prob get dragged into HR tomorrow so will gauge it then I think,
    Just thought it was worth the ask.
    You need to go through you contract with a fine toothed comb, and see what the exact wording is, and whether it is a health and safety issue, or a public perception issue.

    For instance, does the recetionist wear earings, and if so, doe he/she go to any areas of the works that piercings are not allowed, ( to deliver messages etc) and if so, then he/she would have to remove them before entering that section, as well as steel toecaps etc.

    See what they say tomorrow, and then get some ammo on how the rest of the company works, and put that to them in writing. Someimes when they see all the stuff they will have to do to comply, they'll let it go.
    Rob

    Still working for the man!

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    • #32
      Originally posted by Bibs
      Signed a new contract with the new position yeah - wil check what is on it tomorrow.

      Custom and practise??????
      http://employment.practicallaw.com/4-200-3151

      Sort of says that if its not in your contract and has been happening for the last ..4 .. years then there is a case for "Custom and practise" the fact that you have not been pulled up for the last 4 yrs and have had a peirceing.... clutching at straws with this one ...but worth a try

      Comment


      • #33
        Originally posted by madcampbell
        http://employment.practicallaw.com/4-200-3151

        Sort of says that if its not in your contract and has been happening for the last ..4 .. years then there is a case for "Custom and practise" the fact that you have not been pulled up for the last 4 yrs and have had a peirceing.... clutching at straws with this one ...but worth a try
        Yeah I just saw that one, cheers.

        Not sure where my copy is so will have a look and if not get a copy tomorrow.
        How can I be lost when I've got no where to go

        Comment


        • #34
          Originally posted by MTBBILLY
          Do you really care?:
          Well what do you think?????
          How can I be lost when I've got no where to go

          Comment


          • #35
            whilst the implied practice(wearing a piercing)is prohibited under the terms of your employment,you have on two fronts a reasonable defence.
            if for four years the wearing of your piercing has been tolerated,then your contract could be deemed not to be "implicit" as the intervening years between your employment beginning and the complaint appearing ,would imply the terms not being adherent.if upon reading your contract it is assured that wearing of piercings is prohibited,then you must insist on a policy being applicable to ALL employees,and this must be seen to be implemented.the bottom line is you will probably have to remove your piercing, but in doing so you can quite legitimately insist on this contractual obligation being applied to each and every employee,and this must happen in the same time frame as is applied to you.
            (ie if they say you must take the piercing out immediately,then insist that every employee in the place of work removes all visible piercings immediately as well)
            if this is not forthcoming then you do almost certainly have a case for unfair treatment at work.if you do decide to walk because only you have been singled out for this treatment,then you have a definite cae for unfair dismissal.
            please bear in mind that insisting ,if you have to remove piercings then so does everyone else may also not win you to many friends

            good kuck though bibs,

            let the bu55ers have it!!
            Non intercooled nothing.

            Comment


            • #36
              If you have had it in for two years and only now it is being questioned then something else has happened. - ask yourself what - unless you already know.

              If the policy really is against 'visible' stuff then they really can't penalise you without penalising every earring wearer - which is absurd.

              If it really is as arbitrary as it sounds involve your MP and make it clear you intend doing so. But it really does seem that there must be something else going on here.

              Comment


              • #37
                Originally posted by gwh200
                whilst the implied practice(wearing a piercing)is prohibited under the terms of your employment,you have on two fronts a reasonable defence.
                if for four years the wearing of your piercing has been tolerated,then your contract could be deemed not to be "implicit" as the intervening years between your employment beginning and the complaint appearing ,would imply the terms not being adherent.if upon reading your contract it is assured that wearing of piercings is prohibited,then you must insist on a policy being applicable to ALL employees,and this must be seen to be implemented.the bottom line is you will probably have to remove your piercing, but in doing so you can quite legitimately insist on this contractual obligation being applied to each and every employee,and this must happen in the same time frame as is applied to you.
                (ie if they say you must take the piercing out immediately,then insist that every employee in the place of work removes all visible piercings immediately as well)
                if this is not forthcoming then you do almost certainly have a case for unfair treatment at work.if you do decide to walk because only you have been singled out for this treatment,then you have a definite cae for unfair dismissal.
                please bear in mind that insisting ,if you have to remove piercings then so does everyone else may also not win you to many friends

                good kuck though bibs,

                let the bu55ers have it!!
                Aint got many of those.

                Its kick back because we in middle management have been advised we have to enfore H&S and company regs as and when we see either being breached or we are liable for discipline.

                I pull them - they lash back.

                So far I have been reported for eating a piece of toast with my overalls on, wearing 3/4 length trousers and walking through the wrong door (which technically isnt).

                Bl@@dy pathetic
                Last edited by Bibs; 1 November 2007, 21:36.
                How can I be lost when I've got no where to go

                Comment


                • #38
                  [QUOTE=madcampbell]True but if you have never received the policy in the first place then it won't apply (I think?) ..Bibs have you had a policy and had to sign that you read and understood it?

                  Irrelevent wether a contract is signed or not once you have worked for an employer above a certain time (cant remember the exact length of time) you are deemed to agree with any company policy and contract of employment.
                  Trust your Hound.

                  Comment


                  • #39
                    Sounds like you work for the same company as me, just waiting to get disciplined for breathing out of turn now.
                    Working at last.......

                    Comment


                    • #40
                      Originally posted by Bibs
                      Aint got many of those.

                      Its kick back because we in middle management have been advised we have to enfore H&S and company regs as and when we see either being breached or we are liable for discipline.

                      I pull them - they lash back.

                      So far I have been reported for eating a piece of toast with my overalls on, wearing 3/4 length trousers and walking through the wrong door (which technically isnt).

                      Bl@@dy pathetic
                      do what i did bibs fight fire with fire!!!

                      i worked as aforeman on a site a few years ago when the quantity surveyor,wanted to make a name for himself and cut costs and bring the job in under budget.we pared all the various jobs to the bone,but the final straw was when he cut the blokes rate o pay.two particular guys were concrete finishers and had been put back on labourers money,so when three concrete wagons turned up,we had no finishers to lay it.the next day we had no traffic marshall to reverse the lorries,then the next day no fire marshall.the job came in about £200.000 pounds over budget and the qs never tried to be pathetic again.

                      the point i am trying to make is that as employers they have a duty of care and certain responsibilities,and if they want to be pedantic
                      get even more pedantic back!!
                      Non intercooled nothing.

                      Comment


                      • #41
                        Originally posted by LURCH
                        Sounds like you work for the same company as me, just waiting to get disciplined for breathing out of turn now.

                        Pants aint it
                        How can I be lost when I've got no where to go

                        Comment


                        • #42
                          Originally posted by gwh200
                          do what i did bibs fight fire with fire!!!

                          i worked as aforeman on a site a few years ago when the quantity surveyor,wanted to make a name for himself and cut costs and bring the job in under budget.we pared all the various jobs to the bone,but the final straw was when he cut the blokes rate o pay.two particular guys were concrete finishers and had been put back on labourers money,so when three concrete wagons turned up,we had no finishers to lay it.the next day we had no traffic marshall to reverse the lorries,then the next day no fire marshall.the job came in about £200.000 pounds over budget and the qs never tried to be pathetic again.

                          the point i am trying to make is that as employers they have a duty of care and certain responsibilities,and if they want to be pedantic
                          get even more pedantic back!!
                          Ya might have a point there - hhhmmm wonder how many times I can cost um moey...........
                          How can I be lost when I've got no where to go

                          Comment


                          • #43
                            Originally posted by Bibs
                            Ya might have a point there - hhhmmm wonder how many times I can cost um moey...........
                            have a damm good read as to what there obligations are and INSIST they adhere to them
                            Non intercooled nothing.

                            Comment


                            • #44
                              was talking to a mixer driver the other day... 20 years in the job and he's been banned from entering the drum cos he doesn't have "confined space" training...

                              erm... 20 years experience and he's not learned how to chip concrete off a drum???


                              i've been told not to wear rigger boots cos they have no ankle support... but neither steel toe shoes! (which are fine!)... (wellies are also ok with toecaps!!)
                              nee nar nee nar, i'm a fire engine!

                              Comment


                              • #45
                                Originally posted by da SLUG man
                                was talking to a mixer driver the other day... 20 years in the job and he's been banned from entering the drum cos he doesn't have "confined space" training...

                                erm... 20 years experience and he's not learned how to chip concrete off a drum???


                                i've been told not to wear rigger boots cos they have no ankle support... but neither steel toe shoes! (which are fine!)... (wellies are also ok with toecaps!!)
                                Well I can honestly say - this is war......
                                How can I be lost when I've got no where to go

                                Comment

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