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.

About this article

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.

About this article

Read, listen and watch our latest insights

Pub
  • 26 March 2024
  • Privacy and Data Protection

AI Podcast: AI and Data Security

In the third and final podcast in our ‘AI Podcast’ trilogy, members of the data protection team, will be discussing how to use AI to process data safely. They will be looking closely at the risks for businesses and the types of data security protections you can put in place.

art
  • 26 March 2024
  • Privacy and Data Protection

Key considerations for data retention policies

In the ever-evolving landscape of data protection regulations, data retention stands as a crucial aspect of compliance and risk management for organisations across industries.

art
  • 21 March 2024
  • Immigration

What is a right to work share code?

A right to work share code is a unique 9-character alphanumeric code generated via the UK Government website. This initiative has been implemented by the UK Government to verify an individual’s right to work online.

Pub
  • 21 March 2024
  • Employment

TUPE Podcast Series: Who Transfers?

In this fifth podcast in our TUPE Podcast Series, Amanda Glover will be focusing on ‘who transfers’ under TUPE. Looking at the definition of ‘employee’ under TUPE legislation and the tests that apply in deciding if those employees transfer.

art
  • 20 March 2024
  • Employment

Changes to Employment Laws from April 2024 – are you ready?

There’s a large number of employment law changes coming in April which are set to shake up the workplace. It’s crucial for employers to stay informed and prepared.

art
  • 19 March 2024
  • Employment

Instant Messaging in the Workplace: Factors to be aware of

Workplaces have changed beyond recognition in the four years since the first COVID-19 lockdowns. This anniversary represents an opportunity to look back at how workplaces have changed in that period, from the increased use of flexible and hybrid working, to the continuing and significant integration of more technology in office-based work.