Does anyone know what the H&SE has to say about this in their guide lines? Just a thought.
Section 2 places the duty on the employer to be responsible for the health, safety and welfare of employees. Which does include possibly long term health issues (including the back problem already mentioned)
Section 7 however places the duty on the employee for the same as above.
Section 8 prevents anyone interfering with H&S equipment
So in reality, the employee is to obtain a chair and put it in an appropriate position in accordance with S7. However if the employer (not the site you are working for, but the actual company you work for) comes asks you to remove chair, then they are in breach of S2.
If the site you are working for removes said chair, they will be in breach of S8.
If in the first instance there wasn't enough chairs in the building to park you be-hind on, then your company is again in breach of S2. For the reasons that the safety must exceed the cost.
Safety exceeding cost.
Ultimatley if there is a H&S situation (whatever it may be), and it assessed. It does not have to be implemented if it is viewed that the expenditure exceeds the risk. In our case, back problems down the line could be quite expensive for the employer, so buying a £2.50 chair is reasonable. So in short, they should implement it.
But then you will always have them come back "but its not smart, you are not paid to sit around, the job description said "long hours standing up"'
thats how i would translate it all anyway