Updating author: Richard Bretton

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Express and implied contractual terms
Employees subjected to detriment short of dismissal
Dismissed employees
Employees who are made redundant
Employees who are dismissed for assertion of a statutory right
Conflict between health and safety laws and laws to prevent discrimination
Whistleblowers

Summary

8.1038

• Most contracts of employment contain both express and implied terms relating to health and safety. (See 8.1040 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 8.1041 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 8.1042 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 8.1043 Employees who are made redundant)
• On occasion there is conflict between health and safety laws and those in place to prevent discrimination. (See 8.1045 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 8.1046 Whistleblowers)

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Future developments

8.1039 There are no future developments.

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Express and implied contractual terms

8.1040 The relationship between an employer and its employees is a contractual one, with each party bound by the terms within the contract.