The excitingly named The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 came into force on 31 May extending protection from detriments related to health and safety issues to workers rather than simply employees.
Frettens’ own Chris Dobbs breaks down the new order; discussing what it is, why its been put in place and what it means for employers.
What is Section 44 of the Employment Rights Act?
In general terms, these claims (s44 Employment Rights Act) give employees (and now workers) the right to bring claims to the Employment Tribunal if they are subjected to poor treatment in the workplace as a result of taking steps to avoid what they believe to be a risk of serious, imminent danger.
COVID related health concerns: What rights do employees and workers have?
Section 44 rights received a lot of attention during the covid-19 pandemic as they had seen relatively little attention in recent years.
The risk of transmission of the virus at or around the workplace saw a resurgence in interest in this and the associated section 100 which protects an employee from being dismissed in the same circumstances.
You can read my full article on S44 & S100 rights for covid-19 related health and safety concerns in the workplace here.
Or, read out article 'COVID: Can I be dismissed for raising health & safety concerns?' here.
Why has health and safety detriment protection been extended to workers?
The extension of the right to workers comes following the case of R (Independent Workers’ Union of Great Britain) v Secretary of State for Work and Pensions, where it was held that the UK had failed in its correct implementation of the Health & Safety Framework Directive, a piece of EU legislation.
What does the Section 44 extension to workers mean for employers?
As increasing numbers of individuals are also deemed to be ‘workers’ for the purpose of employment law rights (particularly in the high-profile gig economy roles), this change in legislation is one employers should consider carefully.
More than ever before, health and safety is important to staff and those taking evasive action, whether that be for coronavirus or more broadly as staff return to workplaces, will be aware of their rights.
Related Article: Uber drivers are now ‘workers’
A specialist Employment Solicitor’s view
Employment Solicitor Chris Dobbs adds: “This change has been anticipated since the High Court ruling in November 2020 which led to it being implemented.
Employers should already be mindful of their health and safety obligations for employees and, of course, the risk of personal injury claims regardless of employment status.
For those sectors with predominantly a ‘worker’ staffing, however, it is a good opportunity to review practices to ensure the risk of a claim is kept to a minimum.”
Employment advice and guidance: Stay up to date
Throughout the pandemic, our team of bright lawyers have been publishing guidance on the ever-changing regulations. The timely updates are published on our website in plain English and shared on our social media channels.
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Employment law solicitors in Bournemouth, Christchurch and Ringwood
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Related Articles
Read our related articles on defining workers here:
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