Following representations which highlighted a legislative anomaly, the HSE is consulting on a proposal to make an amendment to extend the exemption in S.11 of the Employment Act 1989, so that turban wearing by Sikhs in any industry will be exempt from the need to wear head-protection, and to extend the limited liability provisions of that exemption to their employers. The current exemption is limited to construction sites and this has led to problems for turban-wearing Sikhs in other areas, where the risk from falling objects is likely to be lower. HSE is also assessing the need to include details of sectors, tasks or roles that should not be included in exemption because the risk to employees is too great to be tolerated. The exemption relates only to head protection and only to turban wearing Sikhs. It does not extend to those Sikhs who do not wear turbans or to other personal protective equipment.
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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.