FAQs: Health & Safety at Work
An employer has a responsibility to every one of its employees to ensure there are health and safety regulations in the workplace. But what are employees’ rights, and which laws govern what employers should be doing to protect workers’ health and safety? Emma Louise-Hewitt, head of Employment Law at Sydney Mitchell, explains.
What are employees’ rights?
Every single employee is entitled to basic and essential safety at work, wherever they may be. Some of the key rights an employee is entitled to include:
- To be equipped with the necessary safety equipment free of charge.
- To be able to inform his/her employer of any Health and Safety concerns that they may have without fear of any disciplinary action.
- To have breaks and paid holiday time.
- To have any possible risks to his/her Health and Safety assessed and controlled as far as possible by the employer.
An employee also has certain responsibilities and obligations to his/her employer with regards to Health and Safety, including:
- To advise his/her employer if a change in circumstances affects his/her ability to work e.g., becoming pregnant or suffering an injury.
- To take reasonable care of his/her health and report to his/her employers any medication he/she may need to take that may affect the way in which he/she does his/her job.
- To take reasonable care not to put himself or herself or anyone else at risk.
- To co-operate where possible with the employer in taking part in regular training on Health and safety procedures.
What laws govern Health & Safety at Work?
The Employment Rights Act Section 44 includes information on what an employee should expect from an employer when it comes to their health and safety at work.
An employee should not be subjected to a detriment by any acts or failure to act by his employer on the grounds that:
- He/she/they is a health and safety representative or a member of a safety committee.
- The employer has designated he/she/they to carry out such activities in connection with or preventing or reducing risks to health and safety at work.
- Where it is brought to the employer’s attention by reasonable means, any circumstances connected with health and safety at work which he/she/they believes to be harmful or potentially harmful to health and safety.
- in circumstances of imminent danger which he/she/they could not reasonably be expected to avert, he/she/they are left or proposed to leave or whilst the danger persists, refuses to return to his/her/their place of work or any dangerous part of his place of work.
Any employee who believes he/she/they has suffered a detriment contrary to Section 44 may bring a complaint before the Employment Tribunal within three months minus one day of the date of the detriment. If the complaint is successful, the Tribunal can make a declaration and award compensation to the Claimant.
It is also unlawful to dismiss someone in any of these circumstances above under the Employment Rights Act Section 100. The dismissal would be automatically unfair and a year’s service to make a claim would not be needed.
Help and advice
For help, advice and assistance with Employment Law, including Health & Safety at Work, contact Emma-Louise Hewitt or email: e.hewitt@sydneymitchell.co.uk. Emma-Louise is Partner and Head of the Employment Law Department. Specialising in all areas of Employment Law, she acts for both employees and employers in a range of areas. This includes drafting contracts, handbooks, policies and procedures, advising on potential Employment Tribunal claims such as unfair dismissal and wrongful dismissal, guidance on restructuring and redundancy, and providing general day to day employment law advice and support to business owners, managers and HR advisors.
