@TheSunIsStillShining
for a non teacher - what is section 44?
Health and Safety legislation
Section 44. provides employees with the means to contest the adequacy and/or suitability of safety arrangements without fear of recriminations (e.g. getting sacked or transferred) or suffering detriment (e.g. loss of wages).
Section 44. provides employees with the ‘right’ to withdraw from and to refuse to return to a workplace that is unsafe. Employees are entitled to remain away from the workplace (e.g. stay at home) if – in their opinion – the prevailing circumstances represent a real risk of serious and imminent danger which they could not be expected to avert.
Section 44. entitles employees to claim for ‘Constructive Dismissal’ and (unlimited) compensation in the event that an employer fails to maintain safe working conditions.
Section 44. means employees don’t have to wait until they (or someone else) suffer injury before they can take action to get suitably safe working conditions.