Health & Safety at Work

This event is in the past
Wed, 26th May 2021
at your desk (National)
Gus Baker, Outer Temple Chambers; Chair: Nikita Sonecha, Browne Jacobson LLP
Event Type:
12pm to 1pm
Spaces Available


  • Fee: £25 + VAT


We also offer the following discounts on the full fee:

  • 100% discount for members in the voluntary or not-for-profit sector (with no booking deadline)
  • 100% discount for pupil barristers or barristers less than 2 years call (with no booking deadline)
  • Please note only one discount will be applied per booking.

This talk considers the obligations on employees under common law and the Health and Safety at Work Act 1974 and s44 and 100 of the Employment Rights Act. This talk considers the reverse burden of proof in HSWA 174 cases, and the cases in which s44 and 100 have been interpreted by the Employment Appeal Tribunal.

Key questions considered include:

  • What is “imminent danger”?
  • When are employees protected from detriment or dismissal even when they are refusing to follow management instructions?
  • Are people who are refusing to work and claiming protection under s44 entitled to pay?
  • How will the Government’s intention to extend the protection under s44 to ‘workers’ work in practice when many workers are not entitled to fixed remuneration?
  • Can employees insist on homeworking where they perceive their workplace to be dangerous?
  • What is the relationship between industrial action and protected conduct? When is a refusal to work (not) a strike? Balfour Kilpatrick Ltd v Acheson [2003] IRLR 683
  • When can employees claim constructive dismissal in relation to health and safety (and when will constructive dismissals be automatically unfair)?

If you are unable to make the date, please register if you would like to receive the ‘on demand’ recording of this webinar.

Once you have booked, you will receive an email containing the login details for the online event, please contact us if you have any queries.