Health and Safety Law 2024 (October 2024)

The worker’s explicit consent is needed to disclose the health assessment to the employer, unless it states simply that the worker is, or is not, suited to night work (regulation 7(5)(b), WTR). If a medical practitioner advises that a worker is suffering from health problems connected to night work, the employer must transfer the worker, if possible, to a suitable day shift. The new job can be for less pay (regulation 7(6), WTR). If there is no suitable alternative work, the worker can be fairly dismissed. Transferring a worker off the nightshift can be a reasonable adjustment under the Equality Act 2010.

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