Information and consultation on health and safety

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Quick Facts

22nd June 2023

  • Employers are required to provide information (and instruction, training and supervision) in order to ensure the health and safety of their employees whilst at work.

  • The information must be provided either directly to the employees, to trade-union-appointed safety representatives or to representatives elected by a group of employees for the purposes of consulting on health and safety-related matters.

  • Employers are obliged to consult with their employees on any health-and-safety-related matters.

  • Consultation on all health and safety matters must take place 'in good time'. This is down to the employer's judgment.

In Practice

What information must be provided?

Employers are required to provide information (and instruction, training and supervision) in order to ensure the health and safety at work of their employees (Section 2 Health and Safety at Work etc Act 1974).

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Case Reports

Millar v The Oak Trust - Age discrimination: avoiding enhanced payments

Where a redundancy process is accelerated, and as a result not carried out in accordance with organisational policy, in order to avoid paying out a substantial payment under the local government pension scheme, it can result in successful claims for both unfair dismissal and age discrimination.

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Mogane v Bradford Teaching Hospitals NHS Foundation Trust - Redundancy: Consultation

The EAT had to consider if an employer’s decision on redundancy selection criteria that inevitably created a pool of one, made without consultation with affected employees, was sufficient for meaningful consultation and a fair dismissal.

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Keeping Kids Company (in compulsory liquidation) v Smith and ors: Collective consultation

Was a company required to carry out collective consultation before being placed in compulsory liquidation?

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Stokes v City Link – Information and consultation on collective redundancies: protective awards

Here a tribunal criticised an employer for completely failing to consult on nearly 3,000 redundancies and made a maximum ‘protective award’ against the company.

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Oudahar v Esporta Group Ltd - Dismissal: health and safety reasons

Courts determine whether a dismissal on health and safety grounds is unfair.

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Phillips v Xtera Communications - Collective consultation: electing representatives

Not electing representatives when the required number volunteered did not breach the law.

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