Know Your Rights

What can I do if I am scared to go for a call-out at night?1

Being scared in itself is not sufficient reason to refuse a work task, but if you reasonably believe there is serious and imminent danger to yourself then you can refuse. You cannot be subjected to detriment (unfavourable treatment) or dismissal on these grounds. Alternatively, if you have difficulties with anxiety or other mental health concerns then these need to be addressed with your employer through a reasonable adjustment.

If you feel unsafe, you should always inform your line manager and explain the reasons. You should tell your manager what you need in order to feel safe, for example, another person accompanying you on-site.

You can also ask your manager if a risk assessment has been undertaken in relation to either your specific matter of concern or for the location of the call-out. You have a right to see the risk assessment and Refuge should be consulting with staff on all health and safety matters, including drafting risk assessment and implementing risk mitigation.

Can I refuse to do some responsibilities if it’s a health and safety hazard?2

The same rules as above apply here: if you believe there is a threat of danger to you and it cannot be mitigated, you can refuse.

Employment law has a provision known as “Section 44”. Section 44 allows a worker to refuse to work/refuse to undertake tasks that they believe to be a “serious and imminent” danger. 

If you intend to refuse to work on health and safety grounds, it’s very important that you speak to your union representative before or as soon as possible after your refusal. 

The legislation can be found below, but it’s complicated. If you want to know more about section 44, risk assessments, or health and safety law, contact the IWW. A representative will be happy to run a short Know Your Rights session for you and your workmates.

Where to go?

  • IWW (Industrial Workers of the World): Organize and fight for our rights. Follow the link to IWW website – https://iww.org.uk/london/
  • Peer-to-peer support: Strengthen our community.
  • ACAS: Get advice and support for workplace Follow the link to ACAS website – https://www.acas.org.uk/
Resources
  1. https://www.acas.org.uk/working-time-rules/night-workers ↩︎
  2. https://www.legislation.gov.uk/ukpga/1996/18/section/44
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  3. https://www.acas.org.uk/acas-guide-to-discipline-and-grievances-at-work ↩︎
  4. https://www.acas.org.uk/flexible-working ↩︎
  5. https://safelives.org.uk/wp-content/uploads/Practitioner-survey-2020.2021.pdf
    https://safelives.org.uk/resources-for-professionals/marac-resources/reviewing-your-marac-data/
    https://www.local.gov.uk/our-support/workforce-and-hr-support/social-workers/standards-employers-social-workers-england-2
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  6. https://www.hse.gov.uk/stress/
    https://www.acas.org.uk/managing-work-related-stress/risk-assessments ↩︎
  7. https://www.acas.org.uk/capability-procedures
    https://webarchive.nationalarchives.gov.uk/ukgwa/20210104113253/
    https://archive.acas.org.uk/index.aspx?articleid=6608
    ↩︎