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In brief

InĀ R (Independent Workers’ Union of Great Britain) v The Secretary of State for Work and Pensions, the High Court upheld a claim brought by the IWGB union that the UK had failed to properly implement Articles 8(4) and (5) of the EU Health and Safety Framework Directive (89/391/EC) by limiting protection from detriment on health and safety grounds under section 44 of the Employment Rights Act (ERA) to employees. A copy of our update on that case can be foundĀ here


The draft Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 has now been laid before Parliament. If approved, from 31 May 2021, workers will also have the right not to be subjected to a detriment in certain health and safety cases.

Author

James Brown is a Knowledge Lawyer in Baker McKenzie's London office.

Author

Rachel Farr is a Knowledge Lawyer in Baker McKenzie's London office.

Author

Mandy Li is a Knowledge Lawyer in Baker McKenzie London office.