Gender Pay Gap and Menopause Action Plans: What’s Changing and When
Employers can voluntarily publish menopause and gender pay gap action plans from April 2026 ahead of the 2027 legal requirement.
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
Employers 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 MoreTuesday
25
March
Join us for breakfast and networking, followed by our expert speaker presentation, a roundtable discussion, and a Q&A session.
Book your placeWednesday
26
March
Employment law update on family leave rights for 2026. Practical guidance, new entitlements and live Q&A for employers.
Book your placeWednesday
11
March
Join us on 11 March 2026 for our Employment Law Seminar: key changes, tribunal cases, and expert insights for HR professionals.
Book your placeWith colder weather and the risk of snow, employers must consider their responsibilities during hazardous conditions.
Read MoreDownload our Employment Rights Act Resource Pack to navigate key 2025–2027 employment law changes with expert guidance and practical tools.
Read moreEmployment Law 2025 review covering key legislative changes, consultations and what employers need to prepare for in 2026.
Read MoreUpdate on the Employment Rights Bill, including the removal of day-one rights, a new six-month qualifying period, and potential compensation changes.
Read MoreScroll to next section
Scroll back to the top
On Monday 29 September, Flint Bishop successfully completed the acquisition of the entire business of Lupton Fawcett LLP. You have been forwarded to the page most relevant to your visit.
Please feel free to explore our website and learn more about our legal services and professionals, including those who have recently joined us from Lupton Fawcett.