Updating author: Andrea Tithecott

Summary

  • Most contracts of employment contain both express and implied terms relating to health and safety. (See Express and implied contractual terms)
  • An employee has the right not to be subjected to any detriment for reasons related to health and safety. (See Employees subjected to detriment short of dismissal)
  • An employee who is dismissed will be regarded as automatically unfairly dismissed if the reasons for the dismissal were related to health and safety. (See Dismissed employees)
  • An employee, who is made redundant will be regarded as automatically unfairly dismissed if the reasons for his or her selection for redundancy were related to health and safety. (See Employees who are made redundant)
  • On occasion there is conflict between health and safety laws and those in place to prevent discrimination. (See Conflicts between health and safety laws and laws to prevent discrimination)
  • The Public Interest Disclosure Act 1998 protects individuals who make certain disclosures of information in the public interest and allows them to bring actions when subjected to a detriment as a result. (See Whistleblowers)
  • If the workplace is closed down pursuant to specified health and safety legislation employees may be eligible to be paid for the period of medical suspension. (See Pay during medical suspension)

Sector resources

Additional resources on this topic are available for the following sectors: