The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021

Jurisdiction: GB

Commencement: 31st May 2021

Amends: Employment Rights Act 1996

Mini Summary

Most of the Employment Rights Act 1996 is not directly relevant to management of health and safety. Sections 44, 45A, 100 and 101A of the Act protect an employee from unfair treatment or dismissal by an employer in relation to performance of certain health and safety functions or duties by the employee.


The rights of an employee to not be detrimentally treated due to leaving a workplace, or refusing to return to one, when doing so to protect themselves or others are extended to ‘limb (b) workers’. This means that workers registered as self-employed and providing services as part of someone else’s business are now protected under part of the Employment Rights Act 1996.

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