Health and Safety “Detriments” under S 44 ERA are now extended to workers as well as employees.
New Regulations, The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021. extend the protection afforded to employees by S44 ERA 96 to workers also.
The extension to workers applies to any detriments taking place on or after 31 May 2021.
In this case, Ms Gyftaki (The Claimant) had run out of annual leave. After applying for additional days it was unclear as to whether or not this had been granted by UHA. It was only until late on the evening before she was set to travel her annual leave got refused by the company. Due to the late notice, she travelled regardless.
The decision to travel resulted in a suspension set by her employer. It was implied that the suspension was due to term of trust and confidence. Ms Gyftaki responded by resigning and as a result was constructively dismissed.
In addition to denying constructive dismissal, UHA stated: “Save as expressly admitted, all the Claimant’s claims are denied in their entirety”.
Read the full constructive dismissal case between Ms Gyftaki and UHA
No, said the Court of Appeal in DR CATHERINE MACKENZIE -v- THE CHANCELLOR, MASTERS & SCHOLARS OF THE UNIVERSITY OF CAMBRIDGE  EWCA Civ 1060
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