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How the new Labour government could shape workplace health and safety
Written on 2 August 2024
In the King’s Speech on 17 July, the UK’s new Labour government outlined 40 Bills that it intends to pass in the next Parliamentary session. Amongst them was an Employment Rights Bill, through which the government aims to deliver on its New Deal for Working People by banning exploitative practices and enhancing workers’ rights.
Although the government hasn’t provided extensive details about its plans for health and safety at this stage, many of the employment law changes encompassed in the Bill, such as abolishing zero-hour contracts, will naturally impact occupational safety and health (OSH). What’s more, the government has alluded to “modernising health and safety regulations”, prompting several prominent publications to speculate about the potential changes that may be in store.
Here’s what we know so far.
Zero-hour and gig workers
In its New Deal for Working People, Labour states that all jobs should offer a basic level of security and predictability. As such, it is seeking to put a stop to “exploitative” zero-hour contracts by introducing legislation that will give everyone the right to a contract that reflects the number of hours they regularly work, based on a 12-week reference period.
Nick Wilson, Director of Health & Safety Services at WorkNest, says: “Removing zero-hour contracts has a real health and safety benefit. Zero-hour contracts can lead to overwork because they often require employees to be on call and available at short notice, leading to unpredictable and long working hours. Additionally, the lack of guaranteed hours can pressure employees to accept any available shifts to ensure a stable income, resulting in excessive working hours and insufficient rest.”
Indeed, 85% of IOSH members agree that gig and zero-hour workers must be better protected. Ruth Wilkinson, Head of Policy and Public Affairs at IOSH, has stated that a ban is “long overdue”. In addition to this, it is urging the government to:
- Ensure all non-permanent ‘gig’ workers can receive compensation for work accidents and occupational diseases; and
- Secure their right to good working conditions, a minimum wage, working time protection and collective bargaining, including union representation.
Nick says: “It’s important to remember that, for health and safety purposes, the HSE says gig economy workers should be treated no differently to other workers. Further information can be found here.”
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Worker status
Currently, the UK has a three-tier system for employment status: individuals are either classified as employees, workers, or self-employed. Employees receive the full range of employment rights, workers are entitled to some rights, and self-employed individuals do not receive employment law rights and protections.
Recognising that it can be difficult for employers to determine where an individual lies, the government says it will move towards a single ‘worker’ status while consulting on a simpler two-part framework that differentiates between workers and the genuinely self-employed. This, it says, will prevent employers from using novel contractual forms to get around their legal obligations, while ensuring that workers can benefit from flexibility where they choose to do so.
Nick says: “According to latest HSE statistics, over a third (36%) of fatal injuries to workers in 2023/24 were to the self-employed. In recent years, there has been a push to expand health and safety laws to cover self-employed and casual workers, with the PPE regulations being one example. Further efforts to clarify the status of self-employed individuals and how health and safety laws apply to them are crucial will help ensure that everyone, regardless of their employment status, receives the necessary protections at work.”
Statutory sick pay
Currently, in order to be eligible for statutory sick pay (SSP), employees must earn an average of at least £123 per week. According to TUC, this rule leaves around 1.15 million low-paid workers without SSP.
As part of its promise to ensure fair pay, the government has pledged to scrap this lower earnings limit. It will also remove the three waiting days, enabling employees to access SSP from the first day of sickness.
Nick says: “Removing barriers to statutory sick pay will go a long way to preventing people from returning to work too soon, which in the first instance may expose them to a heightened level of risk because they have fully recovered from their sickness, and in the long-term result in impacts on their health.”
Mental health
In its manifesto, Labour talks about Britain being in the middle of a mental health epidemic and sets out some measures to address this prevalent problem. These include recruiting 8,500 additional NHS mental health staff and improving work-life balance by introducing a “right to switch off” and making flexible working the default “except where not reasonably feasible”.
In addition to these measures, IOSH has called for the government to improve mental health in the workplace by drafting a Mental Health Act Reform Bill to tackle low levels of personal wellbeing and high levels of anxiety in the UK. Indeed, when asked what the government’s top three priorities should be, IOSH members identified mental health at work as the most critical issue.
Nick says: “These proposed changes align with the HSE’s current Business Plan and indeed 10-year strategy which takes us into the next decade, which places ill health and a specific focus on mental health and stress as a priority area.’’
Modernisation
The government has committed to reviewing health and safety guidance and regulations with a view to modernising legislation and guidance where it does not fully reflect the modern workplace. This will help to ensure that new technologies, climate change, and the green transition do not harm workers.
As part of this, the government says it will bring in new guidance in relation to extreme temperatures in the workplace caused by climate change. This is especially relevant to businesses with outdoor workers, who will likely have to make significant changes to operating models in response to such issues.
Additionally, 76% of IOSH members agree that the government should legislate to safeguard workers from health and safety risks associated with AI, including heightened physical risks, psychosocial risks and stress, particularly in relation to anxiety around job losses and role retention.
Nick says: “OSH isn’t static. As the working world evolves, it is crucial for the government to review and update laws and regulations to address emerging hazards and risks and effectively protect workers.”
Sexual harassment
One in two women have been sexually harassed at work. The government has vowed to “properly tackle” this issue and says it will require employers to create and maintain workplaces and working conditions free from harassment, including by third parties.
It will also strengthen protections for whistleblowers, including by updating protections for women who report sexual harassment at work.
Nick says: “Sexual harassment at work is a health and safety issue because it creates a hostile and unsafe environment that can lead to significant mental and emotional harm, impacting overall wellbeing and job performance. Ensuring a safe and respectful workplace is essential for maintaining both physical and psychological safety.”
Investment in the HSE
There has been an overall reduction in HSE funding over time, from £228 million in 2010 to £185 million in 2022. IOSH says this has weakened the HSE’s ability to function effectively, reflected in fewer proactive inspections and an increase in mandatory investigations being cancelled.
It is therefore calling for better funding of the HSE and other regulating bodies such as local authorities. This, it says, will ensure the regulator can continue to support all businesses in preventing occupational fatalities, injuries, ill health and diseases through increased staffing, better guidance, more inspections, and effective enforcement across its wider regulatory remit.
Nick says: “As a former HSE Inspector, I recognise how important proactive health and safety intervention is by the regulator and better funding will support this.’’
Conclusion
Overall, Labour’s plans indicate a gradual improvement to health and safety rather than a drastic overhaul.
While details are limited at this stage, Nick says any updates to health and safety regulations that address the needs of the current workforce and enhance workplace safety are certainly welcome.
He comments: “It remains to be seen how quickly Labour’s New Deal for Working People will be rolled out but we should be encouraged that high on the government’s agenda is addressing the exploitative practices of zero-hour contracts and continuing with the programme to tackle the mental health epidemic.”
Moreover, IOSH says a focus on health and safety can be “quick win” for new government.
It says: “We recognise that Sir Keir Starmer has many issues to tackle as he becomes Prime Minister and that organisations across sectors will be all calling for him to act in different areas. But few can unlock the door to as many benefits as focusing on workers’ safety, health and wellbeing.”
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