Protecting workers from the risks of violence and racism
Racist violence, abuse and harassment are not new and did not suddenly appear in recent weeks. However, there is new confidence among some with racist attitudes to voice their view publicly which has also led to a growth in visibility of the far-right, and incidences of violent disorder and racist attacks.
Trade unions take seriously the role we can play in countering racism and the threat of the far right in society and in the workplace. We recognise that violence, abuse and harassment are workplace risks, whether it be from colleagues, clients or commuters, and Black workers are at higher risk of encountering these hazards. We organise to eliminate risk to workers’ safety – whether physical or psychological – and unions and their representatives can use our voices and our rights to pressure employers to take the necessary steps to protect us. Health and safety law applies to risks of violence (including verbal abuse), just as it does to other risks at work.
What the law says:
It is the employers’ responsibility to ensure the workplace is safe. Health and safety law states that our employers are responsible for assessing all risks to workers, arranging for the effective planning, control, and monitoring of preventive and protective measures; and consulting employees (and any recognised union safety rep).
Under the Health and Safety at Work Act, employers have to ensure, so far as is reasonably practical, the health, safety and welfare of their employees.
The Management of Health and Safety at Work Regulations also state that employers have a duty to consider the risks to workers (including the risk of reasonably foreseeable violence), assess the risks and then prevent or control them.
The Equality Act 2010 makes it unlawful to discriminate against workers because of a protected characteristic, including their religion or belief, or their race, including colour, nationality, and ethnic or national origin. It states that harassment is a form of discrimination and defines harassment as 'unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual'.
Under the Safety Representatives and Safety Committees Regulations, any recognised union safety representative has the right to be consulted, to carry out inspections, and to investigate concerns.
The right to refuse
Section 44 of the Employment Rights Act 1996 provides workers protection from detriment (i.e. dismissal, disciplinary or a pay cut) if they withdraw from and to refuse to return to a workplace that is unsafe. Workers are entitled to remain away from the workplace if – in their opinion – the prevailing circumstances represent a real risk of “serious and imminent danger” which they could not be expected to avert. The TUC advises workers to seek advice from their union first before using their rights under S44, where possible.
Employers must consider and use appropriate control measures to prevent, or where this is not possible, significantly reduce the risk of violence, abuse and racism; verbal or physical, taking an approach which first aims to eliminate risk. Additionally, since the British government ratified the ILO’s Convention 190 on Violence and Harassment at work, which came into force in March 2023, an employers’ duty of care does not stop at their front door, but extends to all work related activities including travelling to, from, or between workplaces.
Union safety reps have a legal right to raise concerns with their employer where they feel their management of the risks to workers has fallen short or has not been adequately assessed and controlled.
Remember: a risk assessment is a live document. Assessments and control measures must be kept under review and changed accordingly, in consultation with workers and unions.
If you experience any violence or abuse, racial or otherwise, let your union know and report it via the normal means.
From the TUC
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