Mobile Working
We look at the implications for banning the use of personal mobile phones at work and clarify consumers’ rights under the Sale of Goods Act 2015.
Can you ban personal mobile phones at work? You’ve noticed that some employees are often glued to their
mobiles. While you understand they may need to respond to the odd message or make an urgent call, it’s really impacting productivity. Most reasonable employers permit employees to carry personal mobile phones with them during the working day. In certain situations, they may need to answer an emergency
call or reply to an important message. However, when an employee starts to overuse their personal mobile phone, they will be distracted and unproductive during the time they should be working. So, you might be wondering if you can take the blanket
approach of simply banning all employees from carrying their personal mobile phones during working hours, i.e., they must stay in the employee’s bag or locker. Many employees believe that they have the right to always carry their personal phone with them during working hours, but no such legal right exists. That means you can, if you so wish, ban the use of personal mobile phones in your workplace.
Unpopular This would no doubt be a very unpopular decision to make. To justify it you would need to claim it was necessary on the grounds of health and safety or perhaps confidentiality. If you can’t really justify a complete ban, the other option is to
introduce strict rules on usage. You could prohibit employees from using mobile phones while
they are working but permit them during break times, however, you’ll need to explain to employees why you’re taking this decision, and not single out any member of staff. Instead, explain the decision in general terms. You’ll also need to make alternative arrangements for employees to receive and make emergency calls in private. This may not be practical, and you may decide that on balance allowing employees to keep their mobile phones with them is preferable. If you have a mobile phone policy in place - the Retra Staff
Handbook does – you could remind employees of its existence and advise them that it’s going to be strictly enforced going forward. This will hopefully curb the worst offenders and you’ll be able to take disciplinary action if they continue to flout your rules. Employment contracts and the Retra Staff Handbook are available free of charge to all members.
Sale of Goods Act 2015 Calls to the Retra Helpline (01234 269110) can be very varied, but there are some commonly asked questions. The one that we are asked the most about is the Sale of Goods
Act 2015, which spells out in some detail the relationship between the consumer and the supplier.
What is abundantly clear is that the contract for the sale of goods is between the retailer and the consumer. Many manufacturers have field-based engineers and carry out
repairs under guarantee or warranty. Some of our members think it is OK to rely on the manufacturers
to support the consumer when things go wrong. The legal responsibility to put things right actually sits with the retailer. Remember the old saying, ‘Follow the money?” If the consumer paid you, the retailer, for the goods, all their rights in law are against you, not the manufacturer. In most cases, problems get resolved amicably, and we are
proud of the levels of customer service given by our members. The problem is that some consumers are extremely demanding.
The number of times we get copied in on a customer’s e-mails stating, “I know my rights” is quite staggering. In many cases they don’t know their rights. The act enables a consumer to bring a case in a court of law for up to six years from the date of purchase (against the retailer). The most common claim is that the goods were not fit for purpose and not of sufficient durability. These claims come in when a product is out of warranty and the consumer has chosen not to take out an extended warranty.
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When an employee starts to overuse their personal mobile phone, they will be distracted and unproductive during the time they should be working
There is a misconception that the Act gives you a free six-year
warranty – it doesn’t. You can bring a claim for up to six years and must prove to the
satisfaction of a judge that your four-or five-year-old TV or washing machine has been faulty from the first six months you bought it. There are automatic rights in the first 30 days and the first
six months. When products are relatively new, it is understandable that
consumers expect prompt and effective service. Our members would support this. It’s when something has clearly been used over a good number of years and the consumer demands a free repair or exchange that the problems start. The Sale of Goods Act 2015 does not say that goods should never be faulty or that a consumer should not have to pay for a repair. There is a whole industry in extended warranties which would
not exist if everyone automatically got a free six-year one. So, the next time a customer tells you they know their rights, it’s worth checking if they really do.
Business Matters 17
Business Matters
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