LEGAL GUIDE · ENGLAND & WALES
Fear of losing their job is the single most common reason injured workers give for not making an accident at work claim. It is understandable — but in the vast majority of cases, it is unfounded. The law in England and Wales gives you strong protection against dismissal and unfair treatment for bringing a workplace injury claim, and those protections apply from day one of your employment.
This guide explains exactly what the law says, what “automatically unfair dismissal” means, and what you can do if your employer does retaliate.
Short answer: No. Dismissing you because you have made — or intend to make — an accident at work claim is automatically unfair dismissal under the Employment Rights Act 1996. You can bring an employment tribunal claim with no qualifying period of employment. There is also a practical reason employers rarely retaliate: they are not the ones paying your compensation.
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Under section 100 of the Employment Rights Act 1996, it is automatically unfair to dismiss an employee where the reason — or the principal reason — for dismissal is related to health and safety. This includes dismissing an employee for:
Making an accident at work compensation claim falls squarely within this protection. Your employer cannot lawfully dismiss you for exercising your legal right to seek compensation for an injury that was their fault.
One of the most important aspects of this protection is that it applies from the first day of your employment. Ordinary unfair dismissal claims under the Employment Rights Act require two years’ continuous employment before you can bring a claim. The section 100 automatic unfair dismissal protection has no such qualifying period. You can be dismissed on your first day of employment and still bring a successful tribunal claim if health and safety was the reason.
Beyond dismissal, section 44 of the Employment Rights Act 1996 protects employees against any detriment — not just being sacked. Detriment means any action by your employer that puts you at a disadvantage, including:
If any of these happen after you make or signal your intention to make a claim, you may have a claim for detriment in addition to — or instead of — unfair dismissal.
There is an important practical reality that most workers are not aware of: your employer does not pay your compensation personally. All employers with one or more employees are legally required to hold Employers’ Liability insurance under the Employers’ Liability (Compulsory Insurance) Act 1969. Your compensation is paid by the insurer — not directly by your employer’s business funds.
This removes the primary financial incentive for an employer to want to prevent your claim. Most employers know that retaliating against an injured worker creates a second, entirely separate legal liability — an employment tribunal claim — on top of the personal injury claim they are already dealing with through their insurer.
If you are dismissed or treated unfairly after reporting an accident or starting a claim, you should take separate legal advice on an employment tribunal claim immediately. The time limit for bringing an employment tribunal claim is three months less one day from the dismissal or act of detriment (subject to ACAS early conciliation). This is much shorter than the three-year personal injury limitation period — do not delay.
The automatic unfair dismissal protection under section 100 applies regardless of whether you are in a probationary period. Probation periods have no legal effect on the protection against health and safety dismissals — they only affect the qualifying period for ordinary unfair dismissal claims. If you are dismissed during probation for making or threatening a workplace injury claim, you have the same rights as any other employee.
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No. Dismissing you because you have made — or intend to make — a workplace injury claim is automatically unfair dismissal under section 100 of the Employment Rights Act 1996. This protection applies from day one of your employment, with no qualifying period. You can bring an employment tribunal claim if this happens.
Employment tribunals look at the real reason for dismissal, not just the stated reason. If the timing of your dismissal closely follows your accident report or claim notification, and if there is other evidence of retaliation, a tribunal can find that the health and safety reason was the principal cause — even if your employer gives a different explanation. Documenting everything contemporaneously is critical.
Workers on zero-hours contracts have the right not to suffer detriment for health and safety reasons under section 44 of the Employment Rights Act 1996. While the section 100 automatic unfair dismissal claim requires “employee” status (which most zero-hours workers have), the detriment protection is broader and covers workers as well. If your hours are cut or your contract ended after you reported an accident, you should take advice on your options.
This is a concern many workers raise. In practice, the claim is handled between your solicitor and your employer’s insurer — your colleagues are unlikely to be directly involved unless they are witnesses. Most colleagues who are witnesses understand that providing a statement is helping a friend access their legal rights, not causing harm to the business.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of accident at work claims, including eligibility, time limits and the claims process, see NJS Law’s accident at work claims service page.
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