Employer rights for employees with second jobs
Understand employer rights when employees have second jobs, including contracts, working time, conflicts of interest and dismissal.
Read More
Section 44 Employment Rights Act 1996: The cornerstone of the UK’s health and safety at work legislation.
Employment|30 November 2020
Insight
Section 44 is a key provision of the Employment Rights Act 1996, which provides employees with the means to contest the adequacy and/or suitability of safety arrangements without fear of dismissal or of suffering any other unlawful detriment (for example, a loss of or cut in wages).
During the coronavirus pandemic and the return to the workplace following lockdown, we have seen employees relying heavily on section 44 provisions where the workplace they attend is not deemed to be ‘COVID secure’. Section 44 provides employees with the right to withdraw from, or to refuse to return to, a workplace that is unsafe and provides protection for employees who remain at home (or away from the workplace) if, subjectively, they reasonably believe that the workplace is harmful, or potentially harmful to health or safety, or that there is a risk of serious and imminent danger, which they could expect an employer to avert.
It is important to emphasise that it is the employee’s own subjective judgement that counts and not the judgement of the employer.
It should be noted that there is no period of qualifying service required to bring a claim for detriment or unfair dismissal as a result of an employee asserting their rights under section 44 and compensation is uncapped, which means that employers must be very careful in dealing with any circumstances that may give rise to this type of claim.
The existence of this legislation underlines why it is so very important to ensure that appropriate COVID secure risk assessments are completed and made available to staff. Where an employer has ensured that they have reasonable and proportionate risk assessments in place, they may be able to successfully challenge an employee who asserts that they believed they were in imminent danger and/or that any action the employee took, as a result, was ‘appropriate’.
Contact Us
If further assistance is required with any aspect of this article, please contact our expert Employment team on 01332 226 149 or complete the form below.
Related Services
Knowledge
Understand employer rights when employees have second jobs, including contracts, working time, conflicts of interest and dismissal.
Read MoreDownload our probationary period resource pack to help prepare for the Employment Rights Act changes from January 2027.
Read moreDownload expert guidance on UK trade union reforms and prepare your organisation for Employment Rights Act changes.
Read moreEmployment law tips for employers managing absence, flexibility and inclusion during the 2026 FIFA World Cup.
Read MoreGuidance for employers on managing workplace distraction, excessive phone use and digital overload at work.
Read MoreKey April 2026 changes to trade union recognition rules and what employers should do ahead of wider reforms later this year.
Read MoreGovernment consultation begins on NDA restrictions under the Employment Rights Act 2025, with changes expected from 2027.
Read MoreEmployers can voluntarily publish menopause and gender pay gap action plans from April 2026 ahead of the 2027 legal requirement.
Read MoreUnderstand SSP 2026 updates, employer responsibilities, and common pitfalls to keep your business compliant and protect staff rights.
Read MoreEAT confirms employers should assess redundancies forward-looking, not retrospectively, when deciding if collective consultation is needed.
Read MoreLearn the 2026 National Minimum Wage rates, common employer pitfalls, and how to stay compliant with new Fair Work Agency rules.
Read MoreERA 2025 reforms take effect February 2026, changing industrial action rules, employee protections, and union obligations.
Read MoreScroll to next section
Scroll back to the top