Can You Be Dismissed for Raising a Health and Safety Concern?

Raising health and safety concerns at work is a legal right for employees in England and Wales. Employers have a statutory duty to maintain safe working conditions, and workers who highlight risks should be able to do so without fear of losing their job or facing retaliation. Legal protections exist specifically to prevent dismissal and other detriments when a worker raises legitimate concerns about health and safety, including refusing unsafe work. This article explains the legal framework, the types of situations covered, what counts as protected action, time limits, tribunal claims, and practical guidance for both employees and employers.

Legal Protections for Health and Safety Concerns

Statutory Rights

Under the Employment Rights Act 1996 (ERA), employees are protected from dismissal and detriment when they take action over health and safety issues. Sections 44 and 100 of the ERA provide specific protections where a worker:

• Raises a health and safety concern with the employer.
• Refuses to return to work or leaves work because of a reasonable belief in serious and imminent danger.
• Takes steps to protect themselves or others from an immediate risk.
• Participates in health and safety consultations, or is a health and safety representative.

These protections apply from the first day of employment; there is no minimum length of service required to bring a claim for dismissal connected to health and safety.

Can Raising a Health and Safety Concern Lead to Dismissal?

Dismissal Directly Related to Health and Safety

An employee cannot legitimately be dismissed simply for raising a genuine health and safety concern. If an employer dismisses an employee because they reported or acted on such concerns, this dismissal is likely to be treated as automatically unfair under the ERA. The employer must show a different substantial reason unrelated to the health and safety action to justify the dismissal.

For example, if an employee refuses to undertake a task they reasonably believe to pose serious and imminent danger, and the employer dismisses them because of that concern, such a dismissal will typically be automatically unfair.

Whistleblowing and Health and Safety

In many cases, raising health and safety issues also falls within the scope of whistleblowing law under the Public Interest Disclosure Act 1998, as incorporated into the ERA. A disclosure qualifies as “protected” if the worker reasonably believes that health and safety risks exist and that the disclosure is in the public interest.

If the disclosure meets these criteria, the worker is protected from dismissal and retaliation. Dismissal for whistleblowing is treated as automatically unfair, and claimants may bring a tribunal claim even if they have less than two years' service.

What Constitutes Protected Health and Safety Action?

Reporting and Refusing Unsafe Work

Workers are protected when they:

• Report concerns internally to a line manager, health and safety officer, or appropriate person.
• Refuse to work or leave the workplace because they reasonably believe there is serious and imminent danger they cannot safely remove.
• Participate in consultations or elections for health and safety representatives.

These protections are intended to allow workers to act without needing to first experience harm before raising a concern.

Reasonableness and Public Interest

For whistleblowing protections to apply, the employee must have a reasonable belief that the concern relates to wrongdoing that affects others (e.g., a serious safety risk to colleagues, clients, or the public). This belief does not have to be correct, but it must be reasonable in the circumstances.

Employment Tribunal Claims

Automatically Unfair Dismissal

If an employee is dismissed because of their health and safety concern or related action, this can be challenged as automatically unfair dismissal before an employment tribunal. The tribunal will examine whether the dismissal was principally because of the protected action.

Because such claims are automatically unfair, there is no minimum qualifying service requirement, and tribunals may award compensation without being bound by the usual statutory cap on unfair dismissal awards seen in ordinary cases.

Detriment Claims

If a worker is subjected to treatment that disadvantages them (for example, demotion, loss of hours, exclusion from training or progression) after raising a health and safety concern, they may bring a detriment claim even if they are not dismissed.

Evidence and Causation

To succeed, the claimant must show that the protected action was a material factor in the employer's decision to dismiss or treat them detrimentally. Employers may defend a claim by showing that the dismissal was for an unrelated reason, such as genuine misconduct.

Time Limits and Practical Steps

Time Limits

Claims to an employment tribunal normally must be presented within three months less one day from the date of dismissal or detriment. Claimants are also required to use ACAS Early Conciliation before lodging a tribunal claim.

Evidence and Documentation

Workers should:

• Document concerns in writing, including dates, examples and any responses from managers.
• Follow internal reporting procedures where possible, noting any failures to address issues.
• Keep records of any meetings, correspondence and responses related to the concern and any subsequent treatment.

These steps help establish a clear record if a tribunal challenge becomes necessary.

Employer Obligations and Best Practice

Employers should not only avoid dismissing or disadvantaging workers who raise health and safety concerns but also encourage open reporting. Best practice includes:

• Clear health and safety reporting policies.
• Training managers on handling concerns without retaliation.
• Documented investigations into reported safety issues.
• Fair disciplinary procedures that distinguish between raising concerns and unrelated misconduct.

Addressing health and safety concerns promptly and effectively can help prevent complaints from escalating into tribunal claims.

Common Questions

Can an Employer Dismiss for Raising a Concern That Is Not Genuine?

If an employee raises a concern that is not based on a reasonable belief, protections under section 44 of the ERA may not apply. However, such a dismissal could still lead to ordinary unfair dismissal claims if procedural fairness is lacking and the employee has sufficient service.

What If the Employee Engages in Misconduct While Raising the Concern?

Legal protections may not apply where the “protected act” is accompanied by misconduct or behaviour unrelated to the concern, such that the real reason for the dismissal is the misconduct itself. Courts have recognised that whistleblowing protections do not shield unlawful actions taken in gathering evidence.

Does the Protection Apply to Workers Who Are Not Employees?

Workers who are not employees may have protection from detriment, but they generally cannot bring an unfair dismissal claim. However, the legal scope of “worker” in whistleblowing law is broader than in some other employment rights.

Key Takeaways

You cannot lawfully be dismissed for raising a genuine health and safety concern at work. Protections under the Employment Rights Act 1996 and related whistleblowing laws mean that dismissal or detriment linked to such concerns is treated as automatically unfair, and claimants can bring employment tribunal claims without a minimum service requirement. To succeed, workers must show they had a reasonable belief in the risk and that the protected action was a material cause of dismissal or detriment. Employers must handle health and safety complaints carefully, with fair investigation and communication, to avoid legal risk and promote workplace safety.