Yes. UK law gives employees the right to refuse to work in conditions they reasonably believe pose a serious and imminent danger. This is protected under both the Employment Rights Act 1996 and the Management of Health and Safety at Work Regulations 1999.
Legal Protections
- Section 44 of the Employment Rights Act 1996 — protects employees from detriment (e.g., loss of pay, disciplinary action) for leaving or refusing to return to a workplace they reasonably believe poses serious and imminent danger
- Section 100 of the Employment Rights Act 1996 — makes dismissal for health and safety reasons automatically unfair, with no qualifying service period required
- Regulation 8 of the Management Regulations — requires employers to have procedures for serious and imminent danger, including allowing employees to stop work and move to a safe place
When Can an Employee Refuse?
The belief in danger must be reasonable. Relevant factors include:
- The nature and severity of the perceived risk
- Whether the employee raised concerns with the employer first
- Whether the employer failed to act on those concerns
- Whether a reasonable person in the same position would have the same concern
What Employers Should Do
- Take every concern seriously — investigate promptly, even if you believe the concern is unfounded
- Never discipline or dismiss an employee for raising genuine health and safety concerns
- Document everything — record the concern, your investigation, and the outcome
- Fix the issue — if a genuine hazard is identified, resolve it before asking employees to resume work
Our site inspection service can assess whether conditions are safe. Request an inspection.