Employment Dispute Regarding Customer Conduct
The individual is employed by a care service provider under a flexible work arrangement, primarily serving elderly clients in their local area. They have encountered challenges with a particular customer displaying offensive behaviour, which has created a distressing work environment. The individual is inquiring about their rights to avoid working with this customer and how to address the situation, involving facets of employment law and discrimination.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkAm I allowed to request not to be assigned to a customer who exhibits offensive behaviour?
Yes, you can make a request to avoid a customer exhibiting such behaviour under relevant equality legislation, which safeguards workers from harassment and discrimination at work, including actions by third parties like clients. Your employer has a duty to maintain a safe working environment and prevent discriminatory practices. It's advisable to communicate your concerns in writing to your employer, highlighting how it affects your well-being.
What rights do I have under a flexible work arrangement if I refuse assignments with certain clients?
Under a flexible work arrangement, you have the right to decline work offered to you. However, declining assignments could potentially impact the amount of work offered in the future since these arrangements do not guarantee hours. Clearly communicating your reasons for refusal, particularly if they are based on valid concerns like abusive behaviour, is essential.
How can my employer's duty of care apply in situations involving offensive customer behaviour?
Employers are generally required to ensure a safe workplace, including protection from discriminatory behaviour by clients. If a customer displays offensive behaviour, the employer must take reasonable measures to protect you, which may include reassigning you or introducing measures to reduce risk. Failure to address such conduct could lead to legal liability.
What are the legal consequences for my employer if they continue to assign me to a difficult customer after I express my concerns?
If an employer disregards your concerns and continues to assign you to a problematic customer, they may face legal ramifications under relevant equality laws. Employers are obligated to protect employees from harassment, and ignoring complaints could lead to claims against them for failing in their duty of care.
What steps should I take to report the inappropriate behaviour of a customer to my employer?
To formally report the behaviour, document each incident with details like date and specifics of what occurred. Present this documentation to your manager or HR, stating how it impacts your ability to work. Consult your company's procedures for reporting grievances, ensuring your employer adheres to their obligations to address such complaints.
