R (On the Application of the Independent Workers’ Union of Great Britain) v Secretary of State for Work and Pensions and Anor [2020]

Posted In: Case Law
  • Decision Number
    EWHC 3050
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Health and Safety, A-Typical Working
Issues covered: Health and Safety; Employment Status; EU Health and Safety Framework Directive

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’ 


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This article is correct at 16/11/2020

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.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL