In a time where workplace safety has taken center stage, it is incumbent upon employers to rigorously adhere to legal obligations aimed at protecting their employees. The cornerstone of this obligation is the Health and Safety at Work Act of 1974, which mandates employers to cultivate a work environment that is fundamentally safe and devoid of health risks to the greatest extent feasible.
Under this mandate, employers must deliver:
- A sound operational system that prioritizes safety.
- A workspace free from health hazards.
- Reliable machinery, equipment, and plant facilities.
- Comprehensive risk assessments to identify and mitigate potential dangers.
In light of the COVID-19 pandemic, the importance of meticulous risk assessments has been amplified, highlighting the potential risks of claims under section 100 of the Employment Rights Act 1996. This section safeguards employees from being compelled to participate in work practices that pose a direct and severe danger to the entire workforce. For instance, it protects an employee who refuses to operate a metal pressing machine that lacks adequate safety measures.
Post-Lockdown: Essential Steps for Employers
In the post-lockdown period, it is imperative for employers to align with the government’s safety guidelines tailored to their specific industry settings. Moreover, they must undertake the following proactive measures:
- Conduct and continually update a COVID-19 risk assessment, engaging staff in the process and making the findings publicly available if the workforce exceeds 50 individuals.
- Ensure efficient ventilation in workspaces through open doors and windows or mechanical systems. Utilizing outdoor spaces is recommended wherever feasible.
- Intensify cleaning protocols, focusing on high-touch surfaces, and encouraging frequent hand washing or sanitization.
- Augment waste disposal facilities.
- If necessary, supply personal protective equipment (PPE) at no cost, urging the use of face masks except in high-risk areas where the utility of PPE is rather limited.
- Restrict entry to individuals displaying symptoms of COVID-19.
- Facilitate NHS Test and Trace by allowing venue check-ins. Employers considering the introduction of internal tracing apps must adhere to data protection legislation, ensuring the security of health data handled through the app.
- Foster open communication channels and educate personnel on implemented safety protocols.
Addressing Unfair Dismissals Pertaining to Health and Safety
The pandemic era has witnessed an uptick in dismissals linked to health and safety disputes, which are regarded as automatically unfair. These dismissals, devoid of service prerequisites, might encompass:
- Dismissal owing to participation in health and safety activities.
- Termination of health and safety representatives.
- Dismissal for voicing health and safety grievances through legitimate channels.
- Dismissal for avoiding a perilous work environment.
- Dismissal for undertaking measures to evade danger.
Amidst the pandemic, numerous employees have expressed apprehensions about resuming work. In a recent case we managed, Rodgers v Leeds Laser Cutting, the plaintiff couldn’t substantiate a rational belief in an immediate and serious threat at his workplace, resulting in the dismissal of his claim. This emphasizes the need for employers to stay abreast of potential claims of this nature and to diligently enforce strategies to mitigate the risk of COVID-19 transmission.
