Understaffing Laws On The Iom?

[the_kitty]

I was just wondering if anyone knew of could point me in the right direction about manx understaffing laws for example if a work team of 5 was reduced to just 2 in a very physical job and the 2 employees were left doing the work of 5 people would they have any rights?

[Albert Tatlock]

5 people doing the work of 2 on the island is a very common practice, especially in government As I understand things, generally, there are no general rights regarding 'understaffing' unless they impact safety or health, there are the usual rights in terms of breaks, minimum wage etc. Basically you accept a job and the workload or you don't.

 

However, in some cases, for example nursing homes/hospitals, there are rights for patients if there is clearly insufficient care due to insufficient staff, but that is their right to take up and not the right of the employees looking after them (other than through whistle-blowing). Similarly if there is a danger because of fewer staff, e.g. no banksman watching a crane operate because he has to drive it too, then such as that can become an issue of H&S.

 

'Understaffing' is often a very relative term. Ask any sole trader trying to start up his business and get it off the ground what it means, and then ask some 'clock watching nine till fiver' - and you'll get very different answers.

[the_kitty]

Ok,thank you for your help............I did do a quick search on the internet but it was only vague answers.

[Barrie Stevens]

I was just wondering if anyone knew of could point me in the right direction about manx understaffing laws for example if a work team of 5 was reduced to just 2 in a very physical job and the 2 employees were left doing the work of 5 people would they have any rights?

 

Go along to Tynwald Library (Main entrance Finch Road Douglas) Ak for the section with all Isle of Man laws in it and ask the librarian to guide you on your particular topic....They usually know something about it....Then also investigate the Manx Law Reports also available and with an index I think...Seek your topic...A few years back someone I think called Nixon won a long painful case in the High Court because he got quite ill being at one time the only prison officer on duty at night....If it was Nixon and if it is in the Manx Law Reports then you can get the gist of it...but like all law it is adversarial and essentially what you can get away with!...I doubt it will be black and white as in Do This/Do that....Many cleaning contracts call for 3-5 staff but often only is put on the job but the bill will include the others....There should be a law against it" (But probably there isn't)

[Albert Tatlock]

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[carbon selector]

 

I was just wondering if anyone knew of could point me in the right direction about manx understaffing laws for example if a work team of 5 was reduced to just 2 in a very physical job and the 2 employees were left doing the work of 5 people would they have any rights?

 

Go along to Tynwald Library (Main entrance Finch Road Douglas) Ak for the section with all Isle of Man laws in it and ask the librarian to guide you on your particular topic....They usually know something about it....Then also investigate the Manx Law Reports also available and with an index I think...Seek your topic...A few years back someone I think called Nixon won a long painful case in the High Court because he got quite ill being at one time the only prison officer on duty at night....If it was Nixon and if it is in the Manx Law Reports then you can get the gist of it...but like all law it is adversarial and essentially what you can get away with!...I doubt it will be black and white as in Do This/Do that....Many cleaning contracts call for 3-5 staff but often only is put on the job but the bill will include the others....There should be a law against it" (But probably there isn't)

Fair post, Barrie.

 

You can read all the laws and sift through all the Law Reports and related authorities. At the end of the day you will be up in front of an Isle of Man Justice System Judge. Maybe a mighty breast law weilding deemster.

 

You can have a clear case, say, that the colour black is a damn site darker than the colour white. Or whatever.

 

I assure you, anything, absolutely fucking anything can happen. But during the course of your quest you will have made a handful of the 200 manx advocates even more richer and smugger.

[piebaps]

IOM Law is on line now http://www.legislation.gov.im/cms/<br /><br />The Nixon case which Barrie mentions is also on line http://www.judgments.im/content/CLA2000_50%20Nixon%20and%20DHA%2010_04_01.pdf<br /><br />Seek and ye shall find!

[manxman1980]

As Albert has said there is no piece of employment law in relation to "understaffing". Health & Safety Regulations would be the most likely source for specifying the number of people who should be involved but it will most likely come down to a risk assessment.

 

Other sources would be Health & Safety guidance, sector specific regulations (Childcare providers are meant to maintain a minimum of x staff to x children as an example).

 

If you want more detailed guidance it would be useful for you to provide more information on the type or work, industry and size of the employer.

[2thumbs]

I guess such a law would be difficult to make or implement. Would be a bit like legislating against cost savings.

 

H&S it would have to be.

[oldmanxfella]

I was just wondering if anyone knew of could point me in the right direction about manx understaffing laws for example if a work team of 5 was reduced to just 2 in a very physical job and the 2 employees were left doing the work of 5 people would they have any rights?

 

I thought the queue in the McDonalds drive through was longer than usual tonight.

[Tugger]

Why one earth would we need an understaffing law? If you don't like the job, leave.