Law Queries
Health and safety reps

Q. Our employer is trying to replace our union health and safety reps with employees who are not union members. Can they do this?
A. The role of a union health and safety rep is independent of management. The Safety Representatives and Safety Committees Regulations 1977 are clear that it is for the union to appoint the safety reps from among the employees where there is a recognised union.
Where the employer fails to allow a safety rep time off, or refuses to pay for the time off, the employee can bring a claim in an employment tribunal (ET). If an employer subjects a safety rep to a detriment, or dismisses them, because they carried out or proposed to carry out their duties as a safety rep, this is contrary to sections 44 and 100 respectively of the Employment Rights Act 1996 and, again, a claim can be taken to the ET.