Posted By Jim O'Dwyer
The HSE has recently denied responsibility to publish guidance on S44 Employment Rights Act 1996.

Below, is what Steve Vinton at the HSE's Innovative Engagement Unit wrote (24/11/03) in response to a question I put on the absence of information on S44. It is not an unguarded comment. It is a formal 'position statement'.

"HSE does not have responsibility for the Employment Rights Act 1996. It is therefore not appropriate for HSE to provide guidance on employment rights legislation.

However, as part of the range of advice and information that HSE provides on the Workers Web Page of its website, we are looking at the possibility of including something on Section 44 in relation to the Public Interest Disclosure Act 1998 (which stems from the Employment Rights Act 1996) and whistleblowing.

We will be taking advice from HSE solicitors on the legal implications of the above prior to updating the Workers Page early next year."

My question is: Does anyone know whose responsibility it would be if not the HSE?


Best wishes,

Jim O'Dwyer


P.S.

S44 was the subject of an extensive (11,500 word plus) discussion here in October this year. To view it - copy and paste the URL below into your browser address bar and click go - or, track back through the threads to it.

The subject heading was:

S44 Employment Protection Act 1996?

http://www.iosh.co.uk/in...m=1&thread=5959&page=181

Posted By Jim O'Dwyer

Thanks Sean.

My point is really about how employers and employees would ever find out about the provisions contained in S44?

If, as you seem to think, it is not the HSE's responsibility to issue guidance on a piece of legislation that is headed "Health and safety cases" and which would only come into effect in Workplace Health and Safety related matters - whose is it?


Best wishes,

Jim O'Dwyer