In this month’s legal update, Andrew Sanderson and Mary Osofisan of Fieldfisher’s Health & Safety Group reflect on Labour’s approach to Health and Safety so far, and what might be on the horizon.
“Labour’s election campaign before the last election was built on a platform of sweeping reforms, across multiple sectors of industry and society,” commented Andrew Sanderson, Partner at Fieldfisher. “We’re now past the 100 day mark, and starting to see which of those changes have been implemented, which are inbound, and which new ones have been thrown into the mix.”
Historically badged as the party for working people, with the present mantra of “Get Britain Growing, Get Britain Building, Get Britain Working“, there is an expectation that worker wellbeing and safety would be towards the top of any policy wish-lists for a Labour government.
In July 2024, Minister for the Department of Work and Pensions, Liz Kendall, announced her vision to transform the DWP to an office with a focus on work and not welfare. This vision was warmly received by industry bodies such as the British Safety Council.
Credit: Mikolaj/Unsplash
The first major step toward achieving this, and the Government’s wider vision for works, is the introduction of the Employment Rights Bill on 10 October 2024. A wide-ranging piece that covers everything from parental leave to flexible working, the Employment Rights Bill also seeks to add a layer of protection for those working in the ‘gig economy’ or on zero-hours contracts.
The Bill would see laws passed to try and prevent exploitative contracts in the gig economy, with the introduction of minimum hours across a three-month reference period. “This is welcome news, from a health and safety perspective. There is a very real risk that zero-hours or gig economy workers routinely push their limits, working longer hours or picking up more shifts than is recommended, and sacrificing rest in order to keep maintaining a wage.
If the proposals in the Bill make it into the statute book, then we will hopefully see fewer accidents and incidents arising from over-worked gig economists,” explained Mary Osofisan. It is a move welcomed by the Institute of Occupational Safety and Health, who have previously reported that 85% of its polled membership felt that there should be better protections for workers in the gig economy.
The Government has also proposed reforms to statutory sick pay arrangements. “When we looked at the proposals for worker wellbeing earlier this year, there was a different Government in power.
We examined the then-Conservative government’s proposals to statutory sick pay and overall occupational health,” explained Andrew Sanderson. At the time, the focus was around the certification of ‘fit notes’ and when, how and from whom such notes should be provided. “What we’re seeing under this Government is a proposal to change statutory sick pay arrangements, by lowering the threshold earnings required to receive statutory sick pay, and removing the need for a ‘waiting period’ before the pay can commence.”
This is again a workers rights change that will invariably lead to improvements in workplace health and safety. “If workers know that their earnings are protected, and that there is no ‘cooling off period’ before they can receive the sick pay, it is likely that more workers will stay away a from the workplace while they’re unwell. Not only does this have immediate benefits (such as reducing the amount of bugs and germs circulating the workplace) but in higher-risk industries, it removes the possibility of an unwell worker being on site through fear of financial stability, knowing that their ability to work safely and competently has been compromised by illness,” Mary Osofisan continued.
Mary Osofisan at Fieldfisher.
At the Labour Party Conference in Liverpool last month, the Government pledged to ‘Get Britain Building’. But more construction projects means more people on sites, and as we know, the construction industry is one of those sectors that is sensitive to legislative changes and bears the brunt of a significant number of workplace injuries.
As foreshadowed in our New Year horizon scan, 2024 has already seen amendments made to the Building Safety Act 2022, and as of April 2024, all building inspectors are required to register with the Building Safety Regulator (which sits within the HSE). With more focus on building within Britain, and with the Grenfell Inquiry Phase 2 report having been released in September 2024, the industry can expect greater scrutiny around safety standards.
“Health and safety is a living culture, and whilst political priorities can shift over time, the core fundamentals of health and safety practices should not be overlooked. There may be a lot of chatter over coming months about what exactly “Get Britain Building” will mean in practice, but we’d urge our friends and contacts in the construction industry to pause now and review their health and safety policies and procedures. Ensure that you are ready for anything, even if the anything doesn’t ever arrive,” advises Andrew.
Andrew Sanderson, Partner at Fieldfisher
The much-anticipated Terrorism (Protection of Premises) Bill was introduced to Parliament in September 2024. “Industry representatives, MPs, and campaigners alike have been waiting for this moment. For several years, we’ve been told this is the year that the Protect Duty is coming, and it is almost here,” explained Andrew.
The new law, in response to a campaign driven by the family of Martyn Fett who was killed in the Manchester Arena Bombing, will introduce a new duty on those responsible for premises and public events, requiring them to take appropriate action to strengthen public safety, with requirements reflecting the size of the venue and the activity taking place.
“The obvious businesses immediately impacted will be large entertainment venues, but the changes have potential to impact a wider sector of British business than solely entertainment. Franchises within large multi-use establishments, for example, will need to consider whether they have duties to either implement their own procedures, or as a stakeholder in the procedures of another,” Andrew continued.
The big question remains – when will this come into force? “We at Fieldfisher have been monitoring progress of the new law since its inception, and we can safely say full implementation is still a fair way off. The Bill needs to pass through legislative scrutiny first, and then receive Royal Assent. The precise date for ‘go-live’ is still to be determined, but conversations with the government and key stakeholders has suggested that there will be a period of 12 to 18 months from Royal Assent in which businesses will be able to ready themselves for the changes.”
Andrew Sanderson is a Partner in Fieldfisher’s London office, and leads the Health and Safety Group, which is a regular collaborator with SHP. Mary Osofisan is a seconded Trainee Solicitor in the same practice group.
