Workers Rights To Compensation After Leaving The EU

There is growing concern within the UK workforce that the forthcoming withdrawal from the European Union could see the demise of an array of legally binding protections for employees. Even though issues such as the maximum working week have been addressed by the European Union it is highly unlikely they will be repealed by the UK government. However, if they are repealed or diluted this will have no impact upon the duty of care that all employers have towards their employees and workers rights to compensation.

Health and Safety at Work etc Act 1974

The Health and Safety at Work etc Act 1974 is central to all employee protection regulations as it places a legally binding duty of care “to ensure, so far as is reasonably practical, the health, safety and welfare at work” of all employees. There are various acts which cover the use of hazardous materials, the maximum working week as well as exposure to specific working conditions. These can be very useful when attempting to prove specific acts of negligence and liability but everything comes under the umbrella of the Health and Safety at Work etc Act 1974.

Legal Duty Of Care

The wide-ranging definition of this legally binding duty of care ensures that all elements of the workplace are covered. In order to seek compensation for personal injury at work, the first task is to prove negligence on behalf of your employer after which point you can move on to liability for compensation. There is also a duty of care for each employee towards their employer and other members of staff. The vast majority of the legal duty of care comes down to common sense, a safe working environment and the relevant levels of protection for individual employees. However, there are some clearly defined definitions under this legal duty of care. They include:

• Risk Assessments

There will be occasions where employees will need to undertake actions which involve a degree of danger. This may include action such as handling potentially dangerous chemicals to climbing high ladders to erect pieces of equipment or carry out repairs. Whatever the situation, regular risk assessments must be carried out by all employers to ensure that all of the risks are considered and the necessary action taken to ensure safety. There will be situations where it is unsafe to carry out specific tasks at which point alternative arrangements should be investigated.

• Safe Working Environment

It goes without saying that the working environment should be safe and secure whether you are working in an office or an industrial warehouse. Something as simple as tripping over an ill maintained carpet in an office can lead to serious injury and compensation. Slips, trips and falls are some of the more common reasons for injuries incurred in the workplace although the vast majority of them could be avoided by improving the working environment.

• Adequate Training

Initial training as well as ongoing training should be available to all employees in regards to health and safety at work. There is also a need to ensure that only experienced and appropriate individuals are given specific tasks which may have a certain degree of danger. We have seen a number of workplace injuries incurred as a consequence of employees ignoring training and regulations which can exempt the employer from negligence or lead to only partial negligence. This is a perfect example where employees need to use common sense to protect not only themselves but also their colleagues.

• Protective Equipment

Whether handling potentially corrosive chemicals, working in various extremes of weather or undertaking repetitive actions which can result in repetitive strain injury, all protective and safety equipment should be made available to employees. It is the duty of the employer to provide all employees with relevant safety equipment which must be maintained and replaced at the appropriate time.

• Harassment And Bullying In The Workplace

This is a very complicated area of employment law because the exact same comments or actions may be deemed as “harassment and bullying” to one member of staff but not to another. This may be as a consequence of their ethnic background, sexual orientation or any other issue personal to them. There is no need to remain quiet if you are the victim of harassment and bullying in the workplace as employers have a legally binding obligation to introduce a safe and secure complaints procedure. What is often seen as “banter” by some can be extremely damaging to others bringing on depression and anxiety and impacting their ability to work.

• Rest Breaks And Excessive Hours

While it seems highly unlikely the UK government will reduce employee protections as and when the withdrawal from Europe is complete, the European Union has brought in a number of protective measures over the years. Each EU employee has the right to at least 20 days of paid holiday each year and a rest period of at least 11 hours during any 24-hour period. There is also the right to work no more than 48 hours a week although employees can, at their own discretion, exempt their employer from this particular condition. Tiredness can literally kill therefore the regulations surrounding legal rest breaks and excessive working hours are very important.

Common Sense In The Workplace

As we touched on above, while every employer has a legal obligation to ensure the health and safety of their employees, so employees have a similar obligation towards each other. If your employer has carried out their duty of care to the best of their ability, but some employees have ignored procedures and regulations leading to an injury, there is every chance the company may not be found negligent or liable to pay compensation. It is fair to say that the legal framework is very much in favour of workers rights to compensation but there is always an element of common sense.

Proving Negligence

If you have experienced an injury in the workplace as a result of negligence by your employer or another employee, there is every chance you could have a strong case for compensation. Every employer also has a legally binding obligation to ensure no discrimination for those who lodge a claim for compensation as a consequence of employer negligence. Any attempts at emotional blackmail or to prevent a claimant from pursuing a valid compensation claim are treated extremely seriously by the authorities.

In reality, depending upon the details and severity of an individual claim it can make it difficult for a claimant to return to work when the issues have been resolved. If this is the situation then the claimant may have potential to pursue yet more compensation for loss of future earnings. Under no circumstances is an employer able to terminate the employment of an individual or attempt to influence their return to work in any way after a compensation claim.

Payment Of Compensation

Many people also fall into the trap of automatically assuming that any compensation award is paid for directly out of their employer’s coffers. In reality all employers require employers liability insurance which ensures that in the event of a successful compensation claim the payment will be made by the employer’s insurance company. There may be situations where insurance companies will look to claw back all or part of any payment as a consequence of serious negligence by the employer. However, we know that some employers have attempted emotional blackmail suggesting that any compensation payment could put the future of the company and all other employees at risk.

The vast majority of personal injuries attract a three-year window of opportunity in which to claim compensation. While many people may decide against such action if a company has ceased trading in the meantime, it is worth noting that any compensation payments arising from a time when the company was trading would still be covered by the original insurance company. In essence, if insurance was in place at the time of the injury, then in the eyes of the law the employer was still covered and as a consequence all valid compensation payments would be honoured.