Labour Research September 2005

Health & Safety Matters

Government statistics show extent of safety victimisation

Raising concerns over health and safety issues is still costing workers their jobs, according to analysis by Hazards magazine of figures from the Department of Trade and Industry.

In 2004-05, 896 claims were brought to employment tribunals by workers who claimed they had "suffered a detriment, dismissal or redundancy for health and safety reasons". Forty-nine of these claims - almost one per week - were won at tribunal, with a further 381 settled at the conciliation service ACAS. Another 314 were either withdrawn or settled privately.

Announcing the findings, Hazards editor Rory O'Neill said: "It shouldn't be a firing offence to object to unsafe work. In Britain we have 'kinda-sorta' rights, which mean you can be fired for being a safety whistleblower and have the right to complain about it afterwards. This amounts to a great big incentive to shut your eyes and shut your mouth."

The UK should have "a legal system that protects safety whistleblowers, not rewards them with their cards", O'Neill added. He called for larger penalties for the victimisation of workers who raise safety concerns, a right to reinstatement for any worker fired for raising such concerns, and a right to refuse dangerous work.

For the full analysis and more information about Hazards, visit www.hazards.org/ whistleblowers/shutyourmouth. htm or phone 01535 210462.