Health and safety—protection from detriment and dismissal

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

  • Health and safety—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...

Health and safety—protection from detriment and dismissal

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began 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.

Coronavirus (COVID-19): Issues relating to managing the workplace safely during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—managing the workplace from 19 July 2021.

This Practice Note considers the right of employees and workers 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.

A worker, regardless of length of service, has the right not to be subjected to a detriment (eg denied promotion) on two grounds, see:

  1. Leaving work in the face of serious and imminent danger below, and

  2. Taking protective steps to avert serious and imminent danger below

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

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