Hundreds of safety whistleblowers sacked

Hundreds of UK workers are being sacked every year for refusing to work in unsafe workplaces according to a UK Trades Union Council (TUC) investigation, and they are looking to the Australian model as a solution.

The survey was conducted jointly with UK safety journal Hazards

Hazards says that in the five years since 1999, 1,500 workers have found themselves out of a job for raising safety concerns with their employers.

The TUC says that under the UK's 1996 Employment Rights Act workers have a right to refuse to do dangerous work, but because an employer found guilty of unfairly dismissing someone on safety grounds may be looking at a penalty of as little as £3,800, many unsafe bosses find it cheaper to sack than make improvements.

the study shows that while workplaces with unions are likely to be safer places than those with no union presence, a union safety rep trying to improve the safety of working practices can find their attempts thwarted by employers with scant regard for the health and safety of their employees.

Safety reps can raise safety concerns with their bosses, but employers can simply choose to ignore their approach, for there is no legal duty on them to respond says the TUC.

"It shouldn't be a firing offence to object to unsafe work.," says TUC General Secretary Brendan Barber. "Workers should not be placed in the situation where they are forced to choose between risking their job or risking their personal health and safety.

"We need a legal system that protects safety whistleblowers, not rewards them with their cards.

"The problem is far worse than official statistics show. Unionised workers get advice and representation so are far more likely to get their job back where employers do the wrong thing. Workers who aren't in a union, and casual and migrant workers stand little chance of redress.'

"Giving union safety reps more rights in more workplaces is the ultimate win-win," says Hazards Editor Rory O' Neill. "It provides skilled, trained on-the-ground union safety advisers at absolutely no cost to the Government, complementing the work of the Health and Safety Executive and saving lives in the process.

The TUC and Hazards are calling for several improvements to be made in an attempt to reduce the number of workplace accidents which saw 235 deaths and nearly 31,000 serious injuries happen in the UK last year.

these include:

• The Government should introduce a system of roving safety reps in the UK to allow unions to bring safer working to workplaces where there is no union presence. The experience of other countries like Italy, Norway and Australia suggests that roving reps can have a significant impact on improving workplace safety records.

• The Government should allocate more resources to allow the Health and Safety Executive and local authorities to increase the number of workplaces they can inspect each year.

• In Australia, unions are able to use Provisional Improvement and Provisional Prohibition Notices against employers who take risks with the health and safety of their workforce. The Notices are proving very effective at curbing dangerous working practices, and the Government should introduce a similar system here.

• There should be a right for workers and union safety reps to refuse to work in dangerous workplaces without the fear of victimisation or dismissal, and where an employer has been found guilty of unfair dismissal, the employment tribunal should have the right to give the worker their job back.

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Last modified: Tuesday, 15-Nov-2005 20:37:38 EST