Health and safety at work

Dismissal: when an employee fails to ensure their own safety…

Employers have a duty to ensure and protect the health and safety of their employees. They must ensure their safety and protect their health.

But can an employer take disciplinary action against an employee who fails to fulfil their obligations?

They are required to take the necessary measures to ensure the safety and protect the physical and mental health of all their employees, such as preventive measures, information provision and training.

But what about the employee’s obligations?

The employee’s obligations

Every employee must take care of their own health and safety, as well as that of their colleagues and other people present in their vicinity at the workplace, in accordance with their training and capabilities.

This obligation, which is an obligation of means, requires the employee, in particular, to:

• To exercise caution and not put themselves at risk;
• Not to cause harm to other people present at their workplace: colleagues, customers, service users, the public;
• To comply with the safety instructions issued by the employer and set out in the internal regulations.

If an employee continues to work whilst unfit to do so, thereby putting their own health and safety at risk, as well as that of other employees, what can you do?

An employee who fails to ensure their own safety may be subject to disciplinary action, which may include dismissal.