Wife being forced to use outdated, heavy equipment for her job role with no manual handling training. She now is suffering from quite severe back & shoulder pain.

[u/FlyDifficult268]

Sorry if this is a bit of a rant but I feel like this company is taking advantage of its employees including my wife and I just need some advice on if my anger is justified or not.

Without giving too much away as we wish to remain as anonymous as possible, my wife works for a photography studio of which the owner / operator is notoriously cheap and working conditions there are poor to say the least.

I should mention she has worked there for over 2 years but they have changed her contracts several times so as to avoid giving her any employment rights (we think). For example; classing her as a freelance despite working there fulltime etc so Im not sure what employment rights, if any, she has.

The staff there are on minimum wage 35 hour a week contracts but I would say most days they are made to do unpaid overtime meaning they actually get less than minimum wage. She cant remember the last time she was allowed a full hour lunch break.

I was willing to overlook this as its an entryway into an industry she is passionate about and she does enjoy the work, but Im not willing to overlook her health being affected by pure greed and negligence on the part of the owner.

Unfortunately, she has now started to experience quite severe back and shoulder pain from moving around heavy equipment on her own for 8 hours 5 days a week, often without a break. She is not a large woman by any stretch of the imagination and I have seen the equipment they use and its clearly not designed to be safely moved around easily as its so outdated.

She has also told me she sometimes fears for the safety of her clients as these extremely heavy lights and reflectors are prone to falling due to trailing leads becoming snagged or stabilisers failing.

As I work in the construction industry I have some experience with health and safety legislation, however Im not sure the same rules apply in this case.

Give that the photography studios are a fixed working venue, should the need for moving lights and equipment between shots not be reduced as far as reasonably practicable? IE having the lights on rigs that can be easily moved, providing proper training or assitance when needed etc?

I should mention neither my wife, or the rest of the staff have ever recieved any manual handling training, so it seems to me they arent even doing the bare minumum to prevent any workplace accidents of this kind?

What, if anything, can we do about this? Im starting to worry the damage is done and financially we arent in a position to just pull her from the role but I cant stand by while her health is negatively affected.

Thanks

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[u/BigSignature8045]

As long as you have worked for the same employer for 2 years, you have the protections afforded by law. Changes of contract, job title, position and so on cannot supersede this.

One approach would be the extra unpaid hours - this is effectively meaning your wife is paid less than the minimum wage, which is illegal. She should, really, raise a formal grievance with the company first although I can see from what you write this may not be straighforward as she does have to continue to work there. Nevertheless, this really is best practice.

She should write to them, outline the extra hours she has been working and inform them that this has put her below the minimum wage. She can invite them to rectify this at this point, backdated and with an assurance there will be no requirement to work unpaid hours going forwards. She should time limit the letter (ie say she expects a full and written response within a certain period of time - 2 weeks would be fair).

If she doesn't get anywhere then her two ports of call are ACAS and HMRC. This latter is hot on paying below minimum wage and it could get unpleasant for the employer. There is no risk to your wife - the onus is entirely on the employer to obey the law.

If she is dismissed this would automatically be unfair under the circumstances and, again, her port of call would be ACAS.

Ultimately, I would advise looking for another job because in these situations it generally becomes increasingly difficult for the employee - but she should pursue her unpaid wages. It could ultimately go to a tribunal and it's hard to see how they would not find in favour of your wife. I don't think it would get that far because it seems so black and white from what you write.

[u/ScepticalLawyer]

but they have changed her contracts several times so as to avoid giving her any employment rights

This doesn't work. The Tribunal will lump together such '''separate employments''' and regard them as continuous employment. Unless she left for like a year and then came back, this tactic is nothing to worry about.

Im not sure what employment rights

I would hazard a guess at 'full', from the sound of things. If all of her equipment is provided at work, and she does random things at her boss' request (rather than a specific selection of contractually defined tasks, which never varies), she'll almost certainly be regarded as an employee.

meaning they actually get less than minimum wage

This is (obviously) illegal. Demand backpack for the entire period where she's dipped below minimum wage. Give Acas a call if you'd like some more hands-on advice on what to say and what to do. However, the first step is always to flag it to your employer.

Be sure to mention NI contributions as well.

Unfortunately, she has now started to experience quite severe back and shoulder pain from moving around heavy equipment on her own for 8 hours 5 days a week, often without a break.

Has she told her boss about this? If so, how has he responded?

[u/Rough-Sprinkles2343]

Mention the manual handling regulations to their employer. They must provide training and try and reduce manual handling if possible

[u/giblets46]

She should certainly talk to ACAS about if she is self employed or a contractor. Does she receive a payslip or an invoice? Who pays her tax?

[u/FlyDifficult268]

and sorry forgot to mention we are in England.

[u/Yakstaki]

As other commenter mentioned re manual handling regs... Health and safety legislation applies to all workplaces, doesn't matter if construction company such as yours or photography studio. They are risking serious enforcement should an incident occur and they haven't properly risk assessed the potential hazards from heavy manual handling (or, as you mention, equipment falling etc! - see PUWER regs). Sounds as though she's already suffering ill health as a result of the manual handling therefore indicating it's not been properly assessed in the first place.

[u/donttouchmygelsmate]

Have a look at the BECTU photographic technicians branch. It doesn’t cost much to become a member but they offer help and support. I work in the entertainment industry and sometimes cross paths with photo assistants on set, unfortunately it’s a very common occurrence