The health and safety of employees, workers and contractors is established under the Health and Safety at Work Act 1974
The Act set out the general principles to be followed by employers governing the health and safety at work of employees.
An employer also has a duty under common law to ensure the safety of his employees – and may be liable for accidents caused by employees acting in the course of their employment.
Employers must ensure that employees are properly trained and supervised – and that a risk assessment is carried out before work begins on a specific task.
Equipment and machinery must also be checked regularly – with employees aware of any safety procedures regarding machinery. Guards must also be used on machinery to ensure employees cannot access the moving parts of a machine, including when a machine is being cleaned.
A failure by an employer to have regard for the safety of his employees can be considered a fundamental breach of contract – which entitles the employee to resign and claim that he has been constructively dismissed.
The Employment Rights Act 1996 (ERA 1996) provides that certain dismissals in Health and Safety cases are to be automatically unfair – and protects employees from unfavourable treatment in such cases.
Employees who are injured at work are also entitled to statutory sick pay up to 28 weeks. After six months’ sick leave for injuries sustained as a result of a health and safety breach, an employee may be able to claim Employment and Support Allowance (ESA), plus other welfare benefits.
Accidents at work and long-term exposure to hazardous substances in the workplace can not only ruin lives, but can prove fatal. It is vital to take legal advice as soon as possible if a health and safety matter at work is ongoing, before serious injury occurs.
Duncan Lewis has a successful employment law department able to advise at any stage of a claim involving a health and safety matter in the workplace.
Duncan Lewis is also one of the UK’s leading firms of personal injury lawyers able to advise on making a compensation claim for industrial accidents, industrial injuries, and industrial diseases.
Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters.
The Duncan Lewis employment team can represent all types of employers, both large and small – as well as individual employees and collective employees in matters relating to the Employment Rights Act 1996 and the Health and Safety at Work etc Act 1974.
Duncan Lewis Employment Law Solicitors – Fees
Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options for claimants and respondents:
Some cases may be funded with Home Contents Insurance or Contents/Buildings Insurance with additional Employment Protection Cover.
Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.
If you have a problem with employment and Health and Safety at work matters, it is important to take legal advice and find out what your rights are as soon as possible.
Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter.
Duncan Lewis also has a successful track record in advising companies and employers on employment matters and disputes – including health and safety at work claims.
The sooner you call us, the sooner we can help with a health and safety employment claim.
Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.
For expert legal advice on employment law and health and safety at work claims, call Duncan Lewis employment solicitors on 020 7923 4020.