Bank employees causing customer stress: H&SW Act 1974

[phatram]

Hi Paul,

Just wondering if you could give us” CAGERS” (consumer action group)any help with the following?

 

I would be very interested to know from bank and other finance industry employees if they are personally aware, or have been made aware by their employers, of Sections 7 and 37 of the Health and Safety at Work Etc Act 1974.

 

Sect 7 - It shall be the duty of every employee while at work (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work . . .

 

Sect 37 - Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who is purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 

Employees therefore have personal liability (over and above any liability on their employer) and in the event of a successful prosecution under Section 7, which is a fine of up to £5000 in a Magistrates Court or an unlimited fine if dealt with in a Crown Court. All employees of any kind, at any level in any organisation however small (except, perhaps, those covered by Crown Immunity) are in this position. My guess is that the vast majority don’t know it.

 

Stress is a recognised health condition. If anything an employee writes, speaks or initiates can be shown to have caused stress to a customer (or indeed a co-worker, anyone), quite clearly that employee is in trouble. Even more so if that employee has been previously informed that the third party suffers stress.

 

I merely throw this small pebble into the pond to see if there are any ripples.

 

 

http://www.consumeractiongroup.co.uk/forum/word-banks/142808-bank-employees-causing-customer.html#post1505539

 

I will of course post when I get a reply.

 

Dear P

 

 

Thanks for this query. I'm not aware of employers informing their employees as suggested.

 

 

This legal area relates to potential health & safety liability rather than strictly employment law.

 

 

I suppose employees could raise the issue with their employers if they feel the latter are requiring them to do anything which might lead to the harm you envisage.

 

 

This would enable the employee to point to the employer as being responsible if it was, in fact, the employer who had insisted that the employee perform the act or omission in question.

 

 

Anything an employee did without instruction or outside his/her authority may mean that he/she would be personally liable.

 

 

This could be in relation to either criminal prosecution, to which you refer, or civil action. It all depends on who is making the moves, i.e. the prosecuting authority or an individual who has suffered some quantifiable loss. As ever, it would all turn on the available proof.

 

 

I emphasise that I am not expert in health & safety law.

 

 

If you've got a specific query have you considered approaching the H&S Executive?

 

 

Regards

 

 

Paul

[poppasmurfsdad]

Ive seen the harrasement by telephone letter but wanted to send them a clear guidance on my health and im under a consultant at the moment too.

 

It appears that Ive the solution, sue the crdit cards & banks and be ruthless (polite is also a good thing) when you do it about UNFAIR bank charges. I did and won sued SIX in one go.

They seem to tread more lightly after that.

I then proceeded to have payment problems just like you, they havent harrased me at all not once. They have asked for payment but once I say Im going on a DMP they just ask for the CASE NUMBER and off they go with their tails between their legs.

 

FYI Ive not paid a credit card bill (apart from a token £1) since JUNE 2008 its now DEC 2008 and the first payment for my DMP went out, happy days.

 

Seems unfair but when has a bank ever treat its customers fairly.

[loz]

I wondered if anyone has gotten anywhere with this angle..? I'd like to give it a go since I don't even seem able to persuade the FOS that A+L have done much wrong - they are like Al Capone and I need Eliot Ness!

 

Loz

[angel_1]

hiya everyone

 

yes i agree loz too, im under a consultant and ive explained that the constant phone calls are driving me to despair, whilst i was getting a bit better now back at work, i need to address mydebts now

 

so ive had a letter from my consultant who has addressed generic, and thus i can include this with my correspondence as it would be best i have contact from creditors in writing only and she supports this, i have already asked for cca and sars now some come back as rubbish which im disputing and others still awaiting or sars not being received back

 

so not sure how to best get my message across to all, d

 

do 1 letter and enclose my doctors letter or do

all my correspondence in writing from now on, keep enclosing my letter until i get a final letter from them confirming they will only correspond with me in writing

or - after ive sent the first letter and they still call me to record all the calls and build up a case of harrassment.

 

anyway any guidance appreciated thanks angel x

[poppasmurfsdad]

Hi everybody, less coffee this time posting.

 

Well I work in Health & Safety, I get to design the companies lit etc.

 

So I will have a look into this. Who would take this case on a brief or the OFT or the HSE?

Just like with any law you win or lose a case on how the law is interpreted in court.

Again its all down to interpretation some laws are very clear and others have an ambiguity which would need a precedent set in court.

 

I do believe from research I've done that if a company acts unfairly? when it knows of your situation, in this case say you have told the bank "I'm under continued financial strain and I'm finding these credit card/loans hard to pay off can you help and can I do this?" (I would offer a token payment it is always better to pay something rather than nothing, you will be asked to fill in a form declaring earnings and where it all goes. and then get on a DMP). And they then phone or send you a default notice they have acted unfairly. Each default notice is worth compensation of £1000. I will have to delve into that one as well. If this is misleading do tell me its research done form another forum.

 

I do believe they have a duty of care to their customers after all they shouldn't want to drive you mad or physically I'll because they WANT a payment from you? should they have that right? NO!

 

I hate to say this but I'm at the end of my tether with trying to come to some amicable solution, so much so that I'm going to contest the validity of my original CCAs. Either that or a full & final settlement. Just want shot of these banks, they are my own bad friends.

 

Hopefully Ive made some sense.

[poppasmurfsdad]

I wondered if anyone has gotten anywhere with this angle..? I'd like to give it a go since I don't even seem able to persuade the FOS that A+L have done much wrong - they are like Al Capone and I need Eliot Ness!

 

Loz

 

 

Hi,

 

The first posting I was on my 5th cuppa JAVA so the post in reflection looks a bit manic. It is all true the consultant in question was the CCCS and should have read Consultation. As above the 2nd posting I work within H&S and will have a good Q&A about this.

 

Well lets hope the government get stuck in to the banks they bought and get some real good shake up with respect to banks and collecting money.

 

It does seem that Banks cant distinguish between those who cant pay and those who just flat refuse to pay.

[Bean]

Hi All,

Subscribing to this interesting thread,

Regards,

Bean

[saqqara]

This is very interesting. In November I was working for a bank in their IT department as a freelance consultant and whilst working there I was attacked by a very aggressive manager. When I say I was attacked, I was not physically injured but was towered over at my chair and shouted at and sworn at.

 

I was so "taken aback" by this that I had to be treated by first aiders for a panic attack brought on by this aggressive behaviour.

 

HSE told me that I had no claim and the bank terminated me on 'health grounds" three days later.

 

Do I have any comeback on this? Any help or advice would be much appreciated.

[uglyjunk]

Iv asked HSBC what they think about their obligations under this act as part of a managed loan call centre complaint...

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/194441-hsbc-call-centre-managed.html#post2105821

no response as yet, but they wont get off the hook easily, im realy pi$$ed off with them:mad: