What if I don’t feel my workplace is safe?

UNISON believes that our members should never be in a situation where they might endanger themselves and others in the course of doing jobs.

Putting you in that situation is potentially a breach of health and safety law and may spread coronavirus to people in high-risk groups.

As a last resort, when faced with a dangerous working environment which cannot reasonably be averted, every employee has the right not to suffer detriment if they leave, or refuse to attend their place of work (or take other appropriate steps) in circumstances where they reasonably believe there is a risk of being exposed to serious and imminent danger (section 44 of the Employment Rights Act 1996).

Although this is very much a right of last resort, the context of a situation will be key on whether refusing to return to work or any other steps are appropriate.  This means that an employee cannot automatically refuse a reasonable instruction to return to work without a good reason.

If you feel you are being put at risk it is crucial to get advice and discuss the situation with your UNISON representative. Email us at help@derbyunison.org and if needed you can seek advice from our regional office or legal team.

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