Health and Safety Law 2024 (October 2024)
Section 100 of the ERA 1996 (as amended) states that “if the reason (or, if more than one, the principal reason) for the dismissal… is … being a representative of workers on matters of health and safety at work or member of a safety committee”, that dismissal is unfair. Unlike most claims for unfair dismissal, no set period of service is required to bring a claim if the reason or main reason for dismissal was being a safety rep. Dismissal for this reason is “automatically unfair”. In other words, as long as the employee can show that the main reason for dismissal was being a safety rep or a member of a safety committee, the dismissal will be unfair. The employer will not be allowed to argue before an employment tribunal that the decision to dismiss for that reason was “reasonable”.
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