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, and the law in England and Wales does give you some protection.
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: Not lawfully for a health and safety reason, but the law does not protect a compensation claim as such. Section 100 of the Employment Rights Act 1996 makes a dismissal automatically unfair, with no qualifying period, if the main reason is one of the health and safety reasons it lists, such as raising a reasonable health and safety concern. Making a personal injury claim is not one of those reasons, so whether you are protected depends on the facts. Otherwise you can usually claim ordinary unfair dismissal once you have enough service. There is also a practical reason employers rarely retaliate: they are not the ones paying your compensation.
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The Legal Protection — Automatically Unfair Dismissal
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 one of the health and safety reasons the section lists. These are:
- Carrying out activities designated to them in connection with preventing or reducing risks to health and safety at work
- Performing the functions of a health and safety representative
- Bringing to the employer’s attention a reasonable concern about health and safety at work
- Leaving, or refusing to return to, a place of work in circumstances of serious and imminent danger
- Taking appropriate steps to protect themselves or others from serious and imminent danger
Making a compensation claim is not on this list. Reporting an accident, or raising a concern about the danger that caused it, may be, depending on how and when you did it. If you are dismissed after an accident at work, take employment law advice on whether section 100 applies.
No Qualifying Period — From Day One
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 need a qualifying period of continuous employment: two years at present, cut to six months from 1 January 2027. 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 one of those health and safety reasons was the main reason.
Protection Against Detriment — Not Just Dismissal
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:
- Demotion or removal of responsibilities
- Being passed over for promotion
- Being given a poor performance review in retaliation
- Being treated less favourably than colleagues
- Being subjected to harassment or a hostile work environment
- Having your hours cut or your contract changed against your will
If any of these happen because of one of the health and safety reasons above, you may have a claim for detriment in addition to — or instead of — unfair dismissal.
Why Employers Rarely Retaliate in Practice
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.
What If You Are in a Probationary Period?
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 one of the section 100 reasons, you have the same protection as any other employee.
What If You Are in a Probationary Period?
- Document everything — keep records of any changes in your treatment, any conversations where your claim is mentioned, and any written communications from your employer
- Raise a grievance — put your concerns in writing to your employer via the formal grievance procedure. This creates a paper trail and shows you attempted to resolve the matter internally
- Contact NJS Law immediately — we can advise on both your ongoing personal injury claim and whether you need separate employment law advice for the retaliation
- Act quickly on the tribunal time limit — three months less one day is a strict limit. Contact ACAS to begin early conciliation as soon as possible
YOUR LEGAL RIGHTS ARE PROTECTED — FIND OUT MORE
Don’t let fear of losing your job stop you from claiming the compensation the law allows for your injury and losses.
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No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
Frequently Asked Questions
Can my employer sack me for making a compensation claim for a work accident?
Not lawfully for a health and safety reason. Section 100 of the Employment Rights Act 1996 makes a dismissal automatically unfair, from day one, where the main reason is one of the health and safety reasons it lists, such as raising a reasonable health and safety concern. Making a compensation claim is not itself one of those reasons, so take employment law advice on your facts. Ordinary unfair dismissal may also apply once you have enough service.
What if my employer says the dismissal is for a different reason?
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.
I'm on a zero-hours contract — am I protected?
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.
Will making a claim affect my relationships with my colleagues?
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.
Thinking about a claim? Read about Accident at Work Claims and how No Win No Fee works, or send us your enquiry.