New ruling provides health and safety detriment

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.