Riots and employee rights

[mrkipling]

My 21 year old daughter is of indian decent. She has just completed her university degree in Brighton and currently works at an up market fast food burger restaurant in town.

She is scheduled to work a shift from 5pm until close today. There is information that a race riot has been organised for 8pm at an immigration office 5 minutes away.

Her manager has sent a WhatsApp message to the team stating that this news is not to be used as an excuse to not attend work.

We have just spoken to our daughter and she is very upset and frankly scared to go to work. However she is also understably worried about her job and leaning towards going. We are trying to persuade her to stay home.

Presumably if she did not attend and got fired, she would have some kind of protection? She has been working there for around a year and just recently increased her hours to full-time.

Any advice would be really helpful.

[Jordie Barretts sock]

I don't think she has any right to stay home (from an employment law point of view). You cannot use 'what might happen' as an excuse not to go to work.

The employer has a duty of care to their employees though, so if anything does kick off, he has to protect his workforce. Sending them home would be the obvious thing to do.

I understand your concerns, but I think she needs to go to work.

[mrkipling]

Thank you for the reply, certainly a difficult situation

[GreatGranny]

Your daughter's safety if the most important thing in all this.

Her boss may not appreciate how she feels and therefore has little sympathy or understanding.

Ask her to put it in writing and tell her boss she doesn't feel safe working that particular shift an she will be absent and also she will make up the lost time.

Ball is in boss's court then.

I would be surprised if it escalates straight to instant dismissal.

[GreatGranny]

Jordie Barretts sock said:

The employer has a duty of care to their employees though, so if anything does kick off, he has to protect his workforce. Sending them home would be the obvious thing to do.

Bit late if she have to negotiate right wing thugs on the way home!

[Jordie Barretts sock]

GreatGranny said:

Your daughter's safety if the most important thing in all this.

Her boss may not appreciate how she feels and therefore has little sympathy or understanding.

Ask her to put it in writing and tell her boss she doesn't feel safe working that particular shift an she will be absent and also she will make up the lost time.

Ball is in boss's court then.

I would be surprised if it escalates straight to instant dismissal.

This is Brighton. A student town where she can be replaced at a moment's notice.

Also, this is a shift for today. Any communication in writing may not be looked at until tomorrow or later.

You cannot refuse to work for 'what might happen'. It really is that simple. If there were ongoing riots like an African third world country and a curfew with the military on rhe streets, then yes, it would be prudent to stay at home. But that would be because all form of civil law and order had broken down. This is Brighton in the UK.

[NDA]

Could your daughter ask what precautionary measures are being put in place to ensure the safety of the staff? Might that reassure her - assuming there is a plan to protect them? It might also reveal any negligent behaviour on the part of the employer.

[Jordie Barretts sock]

GreatGranny said:

Jordie Barretts sock said:

The employer has a duty of care to their employees though, so if anything does kick off, he has to protect his workforce. Sending them home would be the obvious thing to do.

Bit late if she have to negotiate right wing thugs on the way home!

That is like watching the snow settle and waiting until it's a foot deep before attempting a ten mile route home. And I'd not leave my daughter to find her own way home if that did happen.

You are arguing for the sake if it.

[fbwinston]

OP, I understand your concerns and would feel exactly the same.

However, my main issue would be why, having obtained a degree, is she happy to work in a burger chain?

[Muzzer79]

mrkipling said:

My 21 year old daughter is of indian decent. She has just completed her university degree in Brighton and currently works at an up market fast food burger restaurant in town.

She is scheduled to work a shift from 5pm until close today. There is information that a race riot has been organised for 8pm at an immigration office 5 minutes away.

Her manager has sent a WhatsApp message to the team stating that this news is not to be used as an excuse to not attend work.

We have just spoken to our daughter and she is very upset and frankly scared to go to work. However she is also understably worried about her job and leaning towards going. We are trying to persuade her to stay home.

Presumably if she did not attend and got fired, she would have some kind of protection? She has been working there for around a year and just recently increased her hours to full-time.

Any advice would be really helpful.

(For now) she has limited employment rights until she has 2 years service.

So in terms of protection from being fired, it's limited.

As stated above, if there was some kind of official instruction from the authorities not to go to the area then she would be able to use that. But nervousness of what 'might' happen won't be enough I don't think.

I understand it's an apprehensive situation, but from an employment perspective would advise going in.

[robscot]

Aware of some hospitality businesses providing taxis for staff / cleaning team to help out currently.

Says a lot about the company IMHO.

[Muzzer79]

fbwinston said:

OP, I understand your concerns and would feel exactly the same.

However, my main issue would be why, having obtained a degree, is she happy to work in a burger chain?

OP says she's 'just' completed her degree so likely is in between education and full-time employment.

[mrkipling]

NDA said:

Could your daughter ask what precautionary measures are being put in place to ensure the safety of the staff? Might that reassure her - assuming there is a plan to protect them? It might also reveal any negligent behaviour on the part of the employer.

That makes sense, we will get her to do that, thanks

[mrkipling]

fbwinston said:

OP, I understand your concerns and would feel exactly the same.

However, my main issue would be why, having obtained a degree, is she happy to work in a burger chain?

Fair point , she just wanted a year to decide on her future!

[StevieBee]

It absolutely sickens me that your Daughter (and many others) are being put in this position.

Unfortunately, this is likely to be the reality of the situation:

Jordie Barretts sock said:

You cannot use 'what might happen' as an excuse not to go to work.

It would be different if it were an organised march or demonstration where the propensity for violence existed. But the nature of riots are that they are sporadic, unplanned (as in the official sense) and ad-hoc.

One would like to think that her boss would apply commence sense and understanding and I would advise she calls and speaks to him directly rather than rely on text or WhatsApp messages.

Her safety must come first and if that means losing her job, so be it. There are other jobs but only one her!

[DanL]

It’s a crappy situation to be in, but it’s likely that she’ll have to attend work. With less than 2 years service she can be fired with little in the way of protection. Race is a protected characteristic, and I wonder if there’s an angle there, but it would be chancing your arm after the fact rather than a nailed on certainty she’d still have a job…

[valiant]

Ask to see what risk assessment has been carried out and what procedures are in place to get employees home should there be trouble.

Employers have responsibilities and sometimes need reminding of that.

[Jordie Barretts sock]

valiant said:

Ask to see what risk assessment has been carried out and what procedures are in place to get employees home should there be trouble.

Employers have responsibilities and sometimes need reminding of that.

Regrettably that doesn't include getting to and from work.

[shirt]

mrkipling said:

Her manager has sent a WhatsApp message to the team stating that this news is not to be used as an excuse to not attend work.

Depends if (s)he used this exact or similar wording, or whether that’s been interpreted from a ‘we have assessed and don’t foresee any risk to property or staff’ type message. If it’s the former he’s a knob and I doubt his superiors would agree with it either.

If I was her I’d call the manager and discuss it. What happens in the event of the riot spreading to that location, what should staff do to protect customers, themselves and the property, and what arrangements are made for staff to get home. any reasonable person would be able to provide these answers even if ad hoc.

[Jordie Barretts sock]

True, Shirt, but this is a burger bar. Not The Ivy. I doubt they've thought that far ahead and the manager hasn't had any formal training on how to manage staff. They have probably been made manager because they've been there the longest.