Protection from detriment in health and safety

The draft Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 came into force on 31 May 2021.

It extends the protection against detrimental treatment to workers who leave or refuse to attend the workplace in circumstances they reasonably believe are a serious and imminent danger, and which they cannot reasonably be expected to avert.

The protection from detriment also extends to workers who take steps to protect themselves or other persons if they believe there is a health and safety threat.

Under previous iterations of the legislation, this protection was only afforded to employees. The amendment means that those classified as workers are now entitled to this protection.

If you are an employer who needs legal advice about health and safety detriment, contact our employment solicitors today.