R (On the Application of the Independent Workers’ Union of Great Britain) v Secretary of State for Work and Pensions and Anor Posted In: Case Law
Decision NumberEWHC 3050
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionHealth and Safety, A-Typical Working
The claimant, a trade union, applied to the High Court for a declaration that the UK had failed to properly transpose Article 8(4) and Article 8(5) of the EU Health and Safety Framework Directive 89/391 on the basis that the UK only covered employees and not others with different employment status. These Articles allowed for workers to leave their workstations where there is serious, imminent, or unavoidable danger without being placed at a disadvantage.
The Directive required certain protections for ‘workers’ which was defined within Article 3 of the Directive as:
‘…any person employed by an employer, including trainees and apprentices but excluding domestic servants’
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.