Legal protection for safety reps and other workers who take action

The functions set out in the SRSCR are not legal duties. This means that safety reps cannot be held legally liable if they fail to carry them out.

There are three main sources of statutory protection for safety reps who are unfairly treated or victimised for their union activities, and other workers who take action on health and safety. Sections 44 and 100 of the Employment Rights Act 1996 (ERA 96) deal specifically with health and safety cases. The ERA 96 says a person should not suffer a detriment or be dismissed or made redundant for various reasons including:

• carrying out legal functions as a safety representative or employee rep or other functions previously agreed with the employer;

• raising health and safety concerns with the employer;

• participating in safety consultations with the employer;

• leaving or refusing to return to a place of work in circumstances of serious and imminent danger, or taking steps to protect themselves or others in these circumstances; and

• carrying out safety duties designated by the employer.