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What protections do employees have when they raise health and safety concerns? - Health and safety detriment

19 June 2020

We have put together a series of blogs to discuss the various protections an employee may have when they raise health and safety concerns. It is important for all HR professionals and businesses to understand the protections afforded to employees and the employment law implications of employees raising health and safety concerns so as to limit risk and avoid costly court claims.

Today’s focus is on health and safety detriments.

  1. Health and safety detriment

Action short of dismissal on the grounds set out in our first blog in this series could amount to a detriment which is unlawful under section 44 of the ERA 1996.

This right does not require qualifying service. Under the ERA 1996 the right only applies to employees, but the same arguments set out in our first blog in this series in terms of workers' eligibility could apply to detriment claims.

A successful claimant is entitled to loss of earnings and, potentially, injury to feelings.

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