TUC Safety Survey identifies employer Covid-safety shortfalls - whistleblowing and health and safety claims

 

A survey of 2,138 workplace safety representatives revealed that many employers were failing to follow Covid-secure rules to keep workers safe. The biennial survey revealed employer failures on risk assessments, social distancing, and the supply of personal protective equipment during the pandemic.

The TUC survey also showed that more than a quarter of union safety representatives said they were not aware of a formal risk assessment being carried out in their workplace in the last two years, covering the period of the COVID-19 pandemic. Further of those who said their employers had carried out a risk assessment, only 23% said they felt the risk assessments were inadequate.

A quarter (25%) of union safety representatives said their employer did not always implement distancing measures between colleagues through social distancing or physical barriers, while 22% said their employer did not always implement appropriate physical distancing between employees and customers, clients, or patients.

 

The full results and report are here:

 

How can I raise concerns about Whistleblowing and Health and Safety?

As businesses re-open and staff begin to return from furlough leave, employers will need to ensure that they have appropriate health and safety procedures in place in accordance with the ever-changing government guidance. 

If you are an employee, you can refuse to go to work if you reasonably believe that you are in serious and imminent danger by going into the workplace. You also have the right not to suffer negative treatment if you refuse to go to work for these reasons (Section 44 Employment Rights Act). It is unlawful for your employer to discipline or dismiss you in this situation (Section 100 Employment Rights Act).

If you reasonably believe that the employer is endangering the health and safety of you and your colleagues, and potentially the wider public, you can also raise your concerns as a whistleblowing disclosure.  

What if my employer does not listen to my concerns?

You can raise your concerns verbally, but we advise that the best way would be to make your disclosure in writing to a line manager or to the designated contact in a whistleblowing policy, specifying in detail what exactly your concerns are. This could also be done in a formal grievance letter to your employer’s Human Resources or Personnel department. Ideally this disclosure/grievance needs to be made as soon as possible following the incident you are writing about.

The concerns raised include information that relates to one or more of the following matters (Section 43B Employment Rights Act):
 

1. a criminal offence;

2. breach of any legal obligation (including breach of regulatory obligations); 

3. miscarriages of justice;

4. danger to the health and safety of any individual;

5. damage to the environment;

6. the deliberate concealing of any of the above.

Unfortunately, the impact of COVID-19 is increasingly becoming a worrying problem as more employers are being found to have failed to protect their employees and workers. However, it is important that you seek advice and support before taking any action as the law in this area is complex. As these are highly fact-sensitive, you cannot e.g. refuse to attend work without obtaining legal advice on how this law applies to you, if at all, before you take any action as you may be in breach of your employment contract.

Sejal Patel, Solicitor, Employment Law Team at Lawson-West Solicitors, Leicester comments: 

"If you are thinking about complaining to your employer about failures to follow Covid-secure rules or if you think your employer is not listening or doing anything, in the first instance contact our employment team on 0116 212 1000 for a free initial consultation.

We will be able to suggest the most appropriate course of action for your situation. Alternatively, complete our contact form and we will contact you directly."

If you find yourself in a situation and need to know more about employment law time limits, we can help. We offer no-obligation initial appointments. You can contact the team directly by calling 0116 212 1000 or complete our online contact form

View all