Employment Law: Work Laptop

[Bman]

I'm just trying to find out if I'm being unreasonable here:

I work in IT. Work supply me with a laptop and phone do do my job.

I work on-call some weeks. I get a small payment to be available to answer support calls out of office hours, for 7 days. I'm also contracted to visit customer sites if necessary (in office hours).

Recently my remote access has been removed (because they didn't want me remoting in to do OOH work), so as a result, I have to carry my work laptop home every night that I am asked to do overtime, have to visit a customer site in the morning, or am on-call. Previously I could just remote in from my home machine and leave my laptop switched on at work.

I am the only regular cyclist at my workplace. Everyone else drives, except one other, who has a very short 1-2 mile commute on the bike.

My laptop is very heavy. Combine that with the uniform I need to bring with me and that results in a very heavy and bulky rucksack on a 20mile a day commute.

I have asked (before I was on call recently) for a lighter laptop, a spare laptop I can bring home for the week while I am on call, or a desktop I can leave at work so I can leave my main laptop at home for the week. Just so I don't have to carry the laptop 80miles a week.

No action from management. They say they will look into it but that's all I hear. Nothing happens. I've now finished my week of on-call and find that (potentially unfairly) I have been arranged to visit two customer sites again this week. Other members of the team could attend, but I am the preferred team member because I don't drive. They like to keep the "drivers" in the office just in case...

Now, is this fair?
Should I have to carry my work laptop home with me?
Can work force me to carry any work related item home with me?
Can I just refuse to carry the laptop from now on (except for customer visits)?
Is it fair that I am singled out because I don't drive.

And no, I dont want to put panniers on my Road Bike

 

[cyberknight]

If all the other people have the same laptop and work under the same conditions i cannot see that you are being singled out and you cannot really expect the employee to make special concessions because of your method of transport as that could be taken as preferential treatment.As you said you are being paid extra for this work.

Complaining that the backpack is heavy is not really valid point if you have not explored other options purely for cosmetic? reasons.

 

[Mozzy]

I look at this in two ways. First I would ask why my remote access has been terminated. No doubt a valid and acceptable reason will be provided.

Second; I personally see nothing unreasonable about what arrangements have been made for you. You are certainly NOT being discriminated against. Not based on information you have provided. Clearly your employer has a duty of care for you and one might suggest that if the lappy is cumbersome then a specific risk assessment should be in place detailing suitable and sufficient control measures to mitigate risk factoring to you. One cannot argue and say this is in your own time as you are being asked to work from home to your place of work via customer visits which does indeed carry responsibility for your employer.

Do you find it really difficult? That sounded arsey; wasn't meant to be, just a polite question.

 

[bikepete]

Don't really know about the rights and wrongs... but is there some reason you don't just carry the laptop in a well padded pannier? Far better IME than a rucksack, and should be space for a uniform too.

(EDIT - just seen final sentence of OP - well your choice but I'd probably value good will at work and keeping my job as a bit of a higher priority. Are panniers really a worse look on a road bike than lumping an ugly great rucksack?)

 

[Red Light]

Just a suggestion if you can't get any change, can you leave a power pack at home and possibly a spare battery as these often together account for a fair amount of the weight?

 

[siadwell]

I have been arranged to visit two customer sites again this week. Other members of the team could attend, but I am the preferred team member because I don't drive. They like to keep the "drivers" in the office just in case...

Looks like a form of discrimination to me.

 

[Bonefish Blues]

Looks like a form of discrimination to me.

Unless it's the case that drivers are more likely to be of a particular race, sex etc., then I fail to see how this could be discriminatory - it seems a sensible way to best organise a workplace?

 

[GrumpyGregry]

Looks like a form of discrimination to me.

and perfectly legal too....

 

[Grizzly]

Hi, sorry to hear that you feel you are being treated unfairly, it certainly makes the working day miserable.
All I could add is that if it was me, I would email my boss detailing my concerns about the change that has occurred. Highlight the risks as you see them, perhaps the risk of the laptop being damaged if you are involved in an accident, or an increase in the risk of being mugged to to high value items being carried. Once done keep every email, read receipts and any other communication relating to your concerns. I'm not saying that it will change anyone's mind (cos it wont) but if anything should go wrong (laptop getting damaged in heavy rain) then you can evidence your concerns and the lack of action. I would also ask your boss to evidence the need to keep drivers at the office, if he can not prove, with evidence (high call ratio to available drivers) that there is a need to keep drivers at the office I would be arguing that this should be shared around.

Hope this helps

 

[siadwell]

Unless it's the case that drivers are more likely to be of a particular race, sex etc., then I fail to see how this could be discriminatory - it seems a sensible way to best organise a workplace?

Wiktionary definition of discrimination: "distinct treatment of an individual or group to their disadvantage; treatment or consideration based on class or category rather than individual merit"

The OP is being treated differently because he is not a driver or does not own a car. Just because the law only recognizes certain forms of discrimination doesn't mean it doesn't happen in other cases.

 

[Bman]

cyberknight
True, but I am also asked (and expected to be "flexible" when asked) to do Overtime. This should be my choice and I feel in light of these new restrictions that my employer has recently put in place, that this is unfair.

Mozzy
No real reason why I can't use the revoked remote access. Just that they don't want me to. Carrying the laptop is uncomfortable and a bit tiring after a whole week. I suppose I should just take it as extra training and MTFU, but I hate having to carry it.

Bikepete
Im not against panniers as such, I'm fine carrying the laptop on the odd day where a customer site visit is required. I would just like to be able to avoid it if at all possible.

Red Light
I have a spare PSU, but that weighs nothing compared to the laptop. Looking up the specs it says weighs 2.5Kg which doesn't sound like much, but its also the lack of space I have available for other items when carrying the laptop.

I suppose the end of the story is that I just don't like carrying it when I feel its un-necessary.

 

[Red Light]

Red Light
I have a spare PSU, but that weighs nothing compared to the laptop. Looking up the specs it says weighs 2.5Kg which doesn't sound like much, but its also the lack of space I have available for other items when carrying the laptop.

I suppose the end of the story is that I just don't like carrying it when I feel its un-necessary.

Take the battery out and you've probably saved 0.3-0.5kg at least. And you don't need the battery if its plugged in. I go specifically for light laptops because I carry mine everywhere with me - Macbook Air at the moment - but that is 1.4kg so at best you are saving 0.5-1.0kg which is not a lot. From what you've said it sounds more psychological than actual.

 

[Bonefish Blues]

Wiktionary definition of discrimination: "distinct treatment of an individual or group to their disadvantage; treatment or consideration based on class or category rather than individual merit"

The OP is being treated differently because he is not a driver or does not own a car. Just because the law only recognizes certain forms of discrimination doesn't mean it doesn't happen in other cases.

With respect, the OP already knew that they were being treated differently to car owner/drivers and was asking for advice.

The law does not recognise non-car drivers as a group, hence my advice.

 

[Melonfish]

I also work in IT and on the subject of remote access i have this to say:
NOT ON YOUR LIFE!

simply put you're opening yourself to all sorts of nasty stuff, not just viruses but malware and non licensed software etc. as a rule companies would be bloody foolish to allow remote connections from anything but a locked down work built pc through a licensed vpn application.

regarding the laptop situation, a lighter laptop should be a considered buy, being in IT have you not been out and grabbed a list of functional yet cheap alternatives to the laptop you currently carry?
doing this and putting your case forward in writing with the exampled laptops should see you get results, the next time they do a purchase of stock, get them to get one of these laptops and re-build yours for another user.
Hell i bet all your company directors have flashy laptops and ipad's right? (i know ours do )

if your company are being idiots about it all, just do the work for them, offer them the alternative solution, try to make it cheaper then it normally would be.
also see if you can't claim mileage or at least overtime for having to go to sites on your bike, you should be able to.

 

[Friz]

I used to be in the same boat with bringing my laptop to and from everyday. Then I just asked for a desktop to be my main work machine and keep the laptop at home for out of hours and bringing with me on the weekends.

The job had no problem with it but then again they know with that setup I can access the network within minutes saving them alot of potential outages.

You just need to present your business case. If you can prove the value they'd be mad not to invest in it.