Have you ever felt that your life was in danger at work?  Or have your superiors asked you to work in an environment which was detrimental to your health?  There is no job worth having if it jeopardizes or risks your individual health and well-being.  Solicitors have recently developed their employment law practices by incorporating the demanding Health and Safety requirements required for a safe working environment.

From an employer’s perspective, the employer has to ensure that their workplace complies with the Health and Safety regulations which are mainly laid out and developed by the Healthy and Safety Executive (‘HSE’).  HSE develops polices, and rules of practice which aim to ensure a safe workplace.  They interpret and implement the Health and Safety Work Act 1974 which seeks to punish those who create unnecessary risks.  The HSE works with local authorities and places an onus on employers to evaluate their risks within the work environment and work with their employees to mitigate the risks.

Employers will often hire an employment solicitor to help them develop safe workplace practices. In addition, solicitors ensure compliance employment law which applies to the workplace; and furthermore, they help create overall awareness amongst employers to ensure that employees remain safe within the workplace.  Overall, a safe workplace will result in a positive work environment, motivated employees and less absenteeism. 

In the United Kingdom, an employee who is injured at the workplace will generally need to make a personal injury (PI) claim.  Filling such a claim does not fall within the scope of an employment solicitor; therefore, when making a PI claim an employee needs to seek advice from a Personal Injury Lawyer. In making such a claim, it would have to be proven that the injury suffered is the direct result of the Employer’s negligence.  Examples of such negligence include: not providing employees with the proper safety equipment, an untidy workplace, a work environment free of obstructions and adequate health and safety training.

It is beneficial for all involved to have a safe work environment.  An employment solicitor can help employers not only comply with current employment law legislation and regulations, but also implement safe work practices to ensure a safe environment for its employees. 

Article by Nadia Allibhai LL.B.(Hons), M.Sc. (International Employment Relations and Human Resource Management)

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