Health and safety—employer consultation and employee representatives

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

  • Health and safety—employer consultation and employee representatives
  • Relevant legislation and guidance
  • Legislative background
  • Wide scope of ‘health and safety’
  • Guidance for employers
  • Which Regulations apply
  • Union-appointed safety representatives
  • Workforce-elected safety representatives
  • When both sets of Regulations apply
  • Offshore installations
  • More...

Health and safety—employer consultation and employee representatives

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.

This Practice Note examines the obligations that apply to an employer to consult on health and safety matters, either directly or via health and safety representatives, and the role of and protection afforded to health and safety representatives and others.

Topics covered include:

  1. an overview of the relevant legislation and guidance (see Relevant legislation and guidance, below)

  2. union-appointed safety representatives under the Safety Representatives and Safety Committees Regulations 1977 and representatives of workplace safety under the Health and Safety (Consultation with Employees) Regulations 1996 and deciding which set of regulations applies (see Which Regulations apply, below)

  3. the functions of health and safety representatives (see Functions of health and safety representatives, below)

  4. the scope of the consultation required and the duties of an employer when carrying out consultation, such as allowing paid time off, providing information and facilities and setting up a health and safety committee (see Consultation and Employer’s duties when consulting below)

  5. the

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