Health and safety—employee protection from detriment and dismissal
Health and safety—employee protection from detriment and dismissal

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Health and safety—employee protection from detriment and dismissal
  • Key principles
  • Who is protected
  • Qualifying period
  • The specified health and safety grounds
  • Health and safety officials
  • Participating in consultations
  • Raising health and safety concerns
  • Leaving work in the face of serious and imminent danger
  • Taking protective steps to avert serious and imminent danger
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

This Practice Note considers the right of employees not to be subjected to a detriment, or dismissed, on certain grounds relating to health and safety in the workplace.

An employee, regardless of length of service, has the right:

  1. not to be subjected to a detriment (eg denied promotion), and

  2. not to be dismissed

on various grounds relating to health and safety.

For further information on health and safety representatives generally, see Practice Note: Health and safety—employer consultation and employee representatives.

Key principles

The key points to note in relation to detriment and/or dismissal on health and safety grounds are:

  1. the rights apply only to employees: those with worker status are not currently covered (see Who is protected, below)

  2. there is no minimum qualifying period of continuous employment (see Qualifying period) below

  3. the employee is not barred from bringing an unfair dismissal complaint if they were involved

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