Consulting employees on health and safety matters can be very important in creating and maintaining a safe and healthy working environment. By consulting employees, an employer should motivate staff and make them aware of health and safety issues. Businesses can become more efficient and reduce the number of accidents and work-related illnesses.
By law, employers must consult all of their employees on health and safety matters. Some workers who are self-employed, for example for tax purposes, are classed as employed under health and safety law. This article summarises the law which applies to employers and employees onshore in the United Kingdom.
Consultation involves employers not only giving information to employees but also listening to and taking account of what employees say before they make any health and safety decisions. If a decision involving work equipment, processes or organisation could affect the health and safety of employees, the employer must allow time to give the employees or their representatives information about what is proposed. The employer must also give the employees or their representatives the chance to express their views. Then the employer must take account of these views before they reach a decision.
Consultation with employees must be carried out on matters to do with their health and safety at work, including:
If an employer recognises a trade union and that trade union has appointed, or is about to appoint, safety representatives under the SRSCR 1977 or SRSCRNI 1979, then the employer must consult those safety representatives on matters affecting the group or groups of employees they represent. Members of these groups of employees may include people who are not members of that trade union.
Any employees not in groups covered by trade union safety representatives must be consulted by their employers under the HSCER 1996 or HSCERNI 1996. The employer can choose to consult them directly or through elected representatives. If the employer consults employees directly, he or she can choose whichever method suits everyone best. If the employer decides to consult his or her employees through an elected representative, then employees have to elect one or more people to represent them.
If the employer’s arrangements already satisfy the law then there is no need for change.
No, the law protects employees against being dismissed or other action taken against them because they have taken part in health and safety consultation (whether as an individual or a representative). This includes taking part in electing a health and safety representative or being a candidate.
The employer must make sure that elected representatives receive the training they need to carry out their roles, give them the necessary time off with pay and pay any reasonable costs to do with that training. The TUC or the trade union concerned will offer trade union safety representatives training. All representatives must be given time off with pay to take part in any training they need.
All representatives must be given reasonable time off with pay and appropriate help and facilities so they can carry out their role. Candidates for election are also entitled to reasonable time off with pay to carry out their roles.
Employees or their representatives must be given enough information to allow them to take a full and effective part in the consultation. If the employer decides, he or she can consult both the employees and their representatives about a particular issue.
Employers do not have to provide information that they are not aware of or if it:
Health and safety inspectors enforce the regulations. If employers do not satisfy the regulations they will be committing an offence.
If there is a disagreement between employers and employees or their representatives about the consultation arrangements, an agreement should first be attempted through the normal procedures in the organisation. The Advisory, Conciliation and Arbitration Service (ACAS) can become involved if necessary. In Northern Ireland this will be the Labour Relations Agency (LRA).
Any employee can apply to an Industrial Tribunal if they feel they have been penalised for taking part in consultation. Representatives who have not received the time off and pay they need to carry out their roles or be trained can also apply. What is the difference between the roles of trade union safety representatives and elected representatives of employee safety (representatives elected by groups of employees not covered by trade union safety representatives)?
Under the SRSCR 1977 (or SRSCRNI 1979) the roles of trade union safety representatives are:
If a trade union is recognised by the employer then the following will apply.
