Thanks to Section 44 of the Employment Rights Act 1996, no worker in the UK should ever have to work under dangerous conditions. While many employees work under the false impression that they have to do whatever their employer tells them to do, or else face recriminations including dismissal and wage cuts, in fact this law protects them from ever having to work under conditions that they feel are unacceptable.
Provisions of Section 44 of the Employment Rights Act 1996
According to Section 44, if an employee reasonably believes themselves to be in ‘serious and imminent’ danger, they have the right to withdraw from the environment immediately and refuse to return until the danger is averted. This includes being in danger due to the environment itself, the task they are expected to perform, or a lack of safety gear or training. Section 44 guarantees that they are protected from any kind of recrimination resulting from this action, including subtle recriminations such as transfers.
If they are sacked as a result of this refusal to work under unsafe conditions, employees then have the right to claim for ‘constructive dismissal’ and to claim an unlimited amount of compensation. If, on the other hand, an employee agrees to work and is then injured due to unsafe working conditions, they can then claim personal injury compensation. This is true whether or not they have previously contested the conditions, as every employer has a duty to protect their employees from harm as far as possible.
What to do if you have been injured due to a dangerous working environment
If you have been injured due to a dangerous working environment, simply call our expert advisers at Accident Advice Helpline. They’ll be able to discuss your particular situation in detail and determine whether or not your injury was a direct result of employer negligence.
We are a law firm which specialises in personal injury compensation, and have been helping others like you claim the compensation they are legally entitled to for over thirteen years. We are accredited by the Association of Personal Injury Lawyers (APIL) and Lexcel, the Law Society’s practice management standard, and are proud to have the endorsement of TV personality Esther Rantzen.Open Claim Calculator
If you choose to go ahead with a claim, it can most likely be done over the telephone through our helpline number on 0800 689 0500 without the need for you to personally attend court, and on a no win, no fee* basis. For a very quick guide to your possible eligibility, simply consult our 30-second online claim calculator.