Search

How can we help?

Icon

New ruling provides health and safety detriment

Protection from health and safety detriments and the right to PPE should cover ‘workers’ as well as employees, High Court rules.

Until coronavirus arrived in the UK places like offices, shops, care homes,  hospitality venues and other peoples’ own homes were rarely considered to be potentially dangerous places to work.  That’s why so few businesses had any awareness or experience of their employees’ rights under S44 and S100 of the Employment Rights Act 1996. In brief, S44 and S100 protect employees from being subjected to a detriment, or being dismissed if they leave work, refuse to attend work, or take some action, because they reasonably believe there is a threat of ‘serious and imminent danger’.  It often comes as a surprise to employers that it is the employee’s belief that counts, depending on the  information available to them at the time, and not the employer’s opinion.

Protection from health and safety detriments and the right to PPE should cover ‘workers’ as well as employees, High Court rules.

The right not to subjected to H&S detriments, and the right to be provided with PPE where an activity at work cannot be avoided, derive from European Directives (The Framework Directive and The Personal Protective Equipment Directive).  However, in UK law these rights only apply to employees, not workers. In its application for a judicial review, the Independent Workers Union of Great Britain (IWUGB) argued that the government had failed to implement these European H&S Directives and that workers should be given the same protection as employees. Last week the High Court agreed with the IWUGB [The Independent Workers’ Union of Great Britain v The Secretary of State for Work & Pensions and others]

With so many workers in the gig economy operating in public facing roles, from care workers to taxi and deliver drivers, this case significantly expands the number of people afforded H&S protection, and the right to bring claims against their employers. If businesses had an urgent need to understand these key H&S rights when COVID 19 first afflicted the UK last Spring, that need is even greater now.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.