Department acts to extend health and safety protection to workers

Following the IWGB union’s successful judicial review case in the High Court (see Workplace Report January 2021, page 14) the BEIS business department has laid The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021. This will be debated in both houses of Parliament and is due to come into force on 31 May 2021.

The order amends Section 44 of the Employment Rights Act 1996 to extend to workers the right to “not be subjected to a detriment ... for leaving ... his or her workplace to protect himself or herself in circumstances of danger”. It was previously provided only to employees.