Working towards safety – Workers to benefit from the same Health and Safety ‘detriment’ protection as Employees

Employees are protected from being unfairly treated or dismissed as a result of them raising reasonable issues regarding the safety of the workplace. The aim behind this protection is to encourage employees to be able to raise any relevant health and safety concerns, without fear of being dismissed just for raising these concerns. This might happen in circumstances where an employer considers that an employee is being ‘difficult’, or raising too many issues. This protection has been particularly relevant during the current Pandemic, as employers have an obligation to take reasonable steps to make sure the working environment is ‘COVID secure’ and safe in line with the Government’s guidance. Many employees who refused to attend their workplaces and were dismissed because of that refusal, have subsequently brought claims against their employer under this legislation.

From 31^st May 2021, the Government intends to amend Section 44 of the Employment Rights Act 1996 to extend protection from Health and Safety detriment to workers.  A worker is someone who provides services to a person or business, but the person or business does not have to offer them work and they do not have to accept it – they only work when they want to.

Currently workers do not have the same rights as employees to receive protection from complaining about unsafe working environments, but The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will grant workers the same rights.

If you are affected by any of the issues in this article, or if you would like advice on any other employment issue, please contact Ben Stanton on 01908 660966 / 01604 828282 or email ben.stanton@franklins-sols.co.uk.