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Updating author: Andrea Tithecott
On this page:
Summary
Future
developments
Practical example
Key references
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
Pay during medical suspension
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)
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Future developments
There are no future developments.
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Express and implied contractual
terms
The relationship between an employer and its employees is a
contractual one, with each party bound by the terms within the contract. |
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