Understanding employee rights in workplace safety disputes

Employees, in turn, are afforded robust protections under the Act. They have the right to work in an environment where risks to their health and safety are properly controlled. They are also entitled to speak out against unsafe conditions without fear of discrimination or retaliation.

Understanding these rights and responsibilities is key for both parties to flourish in a safe and compliant workplace. 

Employer responsibilities in maintaining safety

As an employer, you bear a legal duty to provide a safe and healthy environment where employees can confidently work. Of course, accidents can still happen despite your best efforts. In fact, the Health and Safety Executive reported more than 600,000 workplace injuries in 2023/24. 

However, taking up these key responsibilities can lessen the likelihood of an accident occurring: 

• Risk assessments: Employers must identify hazards and evaluate the potential risks. This includes physical dangers, mental health stressors and other safety concerns. 
• Implementation of safety measures: Once risks are assessed, the appropriate measures should be implemented to mitigate them, such as safety equipment or adjusting work practices. 
• Training and information: Employees must be provided with robust training and given clear information about potential hazards and the measures in place to control them.

Employee rights when raising safety concerns

According to the Employment Rights Act 1996, employees have the right to voice concerns about workplace safety without fear of retribution. The Act protects workers who raise legitimate health and safety concerns from dismissal or detrimental treatment. 

These protections extend to those who: 

• Report unsafe conditions to their employer or a relevant authority.
• Refuse to perform tasks they reasonably believe pose a serious danger.
• Participate in investigations or give evidence in relation to health and safety disputes.

Procedures for addressing safety disputes

When safety disputes arise, both employers and employees should follow clear procedures to resolve them:

1. Internal reporting: Safety concerns should be reported to immediate supervisors or health and safety representatives. Employers should address these concerns promptly and transparently.
2. Grievance procedures: If issues persist, employees can initiate formal grievance processes as outlined in their employment contracts or company policies.
3. External intervention: If internal resolution fails, employees can contact the HSE or their local authority for guidance and investigation.

Legal recourse and support

When disputes cannot be resolved internally, employees may seek legal recourse. Options include:

• Employment solicitors: Legal experts can provide tailored advice on employment law.
• Employment tribunals: Employees can bring claims against employers for breaches of health and safety obligations.
• Support services: Organisations such as Citizens Advice or trade unions offer resources and assistance in navigating workplace disputes.