The UK Government has issued the Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 extending the health and safety detriment protection to workers. The Employment Rights Act, 1966 protects employees against detriment (e.g., disciplinary action or suspension of pay) and discharge as a result of their taking steps to protect themselves or others in certain health and safety situations.
The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 will come into force on 31st May, 2021. The Order provides protection to workers the under the amended S. 44, where they shall not be subjected to a detriment if they leave their workplace (or refuse to return to their workplace) because they reasonably believe they are in serious or imminent danger. This has been done in light of the pandemic.
The rights conferred are for a worker to not be subjected to a detriment by his or her employer for leaving or refusing to return to his or her workplace or for taking steps to protect himself or herself in circumstances of danger which the worker reasonably believes to be serious and imminent.
The Order has amended S. 48 of the Act to include complaints to employment tribunals by a worker if the worker has faced detriment under S. 44 of the Act. Further, the amended S. 49 and S. 205 provides remedies for contravention of the above provisions.
*Tanvi Singh, Editorial Assistant has put this story together.