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ARTICLE · 23 SEPTEMBER 2021

Schools HR – Protection For Workers

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The High Court agreed, finding that protection from detriment under section 44 ERA 1996 should be extended to workers so as to comply with the Directive.

United KingdomEmployment and HR
Andrea Squires
Andrea Squires

The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 has extended protection against detriment to workers from 31 May 2021.

Issue

Section 44 Employment Rights Act 1996 (the ERA 1996) offered protection to employees (and not workers) from detriment on health and safety grounds as prescribed in Section 44. In the case of R (on the application of the Independent Workers' Union of Great Britain) v Secretary of State for Work and Pensions  it was argued that by limiting the protection to employees only, the UK government had not properly implemented Article 8(4) and Article 8(5) of the EU Health and Safety Framework Directive (the Directive)

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