In this ground-breaking case in the fields of health and safety, EU and employment law, the Administrative Court (Mr. Justice Chamberlain) has agreed with the IWGB that the UK Government has failed to transpose into UK law important EU health and safety protections that are set out in:
- Council Directive 89/391/EC (“the Framework Directive”); and
- Council Directive 89/656/EC (“the PPE Directive”).
This is because in UK law these protections have only been extended to employees, whereas the Court found that their scope is wide enough to also include workers, as defined in s.230(3)(b) of the Employment Rights Act 1996 (often called “limb b workers”).
