There is one main piece of legislation that guides occupational health and safety (OHS) laws in the United Kingdom. The 1974 Health and Safety at Work Act establishes the requirements UK employers have for their employees and the public, including workers’ safety, health, and general welfare. The Employment Rights Act of 1996 is another crucial piece of legislation for workers in the UK. In OHS, which encompasses the prevention and control of workplace hazards and risks, there were several updates to legislation as well as new legislation passed in 2023.
2023: Protecting Workers During Working Years and Afterward
This year, we saw several pieces of legislation become law, reflecting the government’s ongoing efforts to prevent workers from mistreatment. Two bills on the topic of employment regulation became law this year: the Workers (Predictable Terms and Conditions) Act 2023 and the Pensions (Extension of Automatic Enrolment) Act 2023.
The Workers (Predictable Terms and Conditions) Act 2023 sets in law several provisions regarding the right to predictable work patterns for agency and non-agency workers. It amends the Employment Rights Act 1996.
It allows employees and agency workers to seek a predictable work schedule if they satisfy the following criteria:
- The minimum period of service will be established in the rules, although the stated objective is for it to be 26 weeks of continuous duty.
- Lack of predictability: if any aspect of the worker’s work routine is unpredictable (for example, if they are on a zero-hours contract with no fixed amount of hours). Fixed-term contracts of 12 months or fewer are seen to be unpredictable.
- Work pattern: the sought adjustment refers to the worker’s ‘work pattern,’ such as the number of hours worked, the days and times worked, and the duration of the worker’s contract.
- The worker’s motivation for applying is to have a more predictable work schedule.
- The worker has made no more than two applications in the previous year (this restriction includes any flexible working applications requesting a change in terms and conditions that would result in a more predictable working pattern).
On 18 September 2023, the Pensions (Extension of Automatic Enrolment) Act 2023 gained Royal Assent. It modifies the Pensions Act of 2008 to allow the Secretary of State to establish new rules to:
- Reduce the minimum age for auto-enrolment (the stated objective is to decrease it to 18)
- Remove a Lower Earnings Limit for qualifying earnings (it is stated that payments would be made from the first £1 of earnings).
In announcing the Act’s Royal Assent, the Department for Work and Pensions (DWP) said that the amendments would help “millions of people, including low earners and younger workers” to save more during their working years and have better financial futures.
Legislation in Development:
Regarding equal pay, the government announced it plans to bring legislation to the table reproducing EU principles that allow the comparison of pay rates for the purpose of ensuring equal pay. The legislation aims to allow this between workers in the same business or services where their contracts are from the same source. The goal of this is to ensure equal pay protections stay in place despite Brexit moving forward.
Additionally, parliamentarians introduced an attempt to repeal the “live-in domestic worker” exemption to the National Minimum Wage. This would ensure that workers who live in their employer’s homes are also entitled to the NMW. If the repeal goes through, it will go into effect on 1 April 2024.
Enhanced Guidance on Asbestos Management
June saw an update to the UK’s guidance on asbestos management from OHS authorities. The new guidance tightens requirements regarding the use of personal protective equipment (PPE) such as gloves, coveralls, and masks. It aims to bring the UK in better alignment with the European Parliament’s Directive 2003/18/EC. The guidelines being updated, in particular, are related to following the procedures for decontamination and cleaning, both of equipment and clothing, after handling asbestos. Excellent training for workers in England, Scotland, and Wales who handle or remove asbestos must be established, if it is not already, and maintained. These updated guidelines aim to minimise the number of people who fall ill with mesothelioma or asbestosis, two deadly asbestos-related illnesses.
Healthy, Stress-Free Workplaces Are A Priority
In 2023, the government placed an increased emphasis on promoting mental health practices and reducing the preponderance of stress and its effects in the workplace. The Health and Safety Executive (HSE) published updated guidance on managing work-related stress. It calls on employers to take proactive steps to prevent mental health issues at work (and address them when they arise) among their crew, especially for educators. The materials lay out the actions employers can take to support their employees’ stress levels and mental health. These include increasing communication, offering counselling, and training to know and react to signs of stress.
Moving Forward
The changes to UK OHS laws in 2023 underscore the UK’s unwavering commitment to safeguarding the health and well-being of its workers. These changes emphasise the significance of equal pay, planning for the future, mental health, and the integration of digital tools. To stay compliant and to ensure the best practices when it comes to worker protection, we encourage businesses and organisations to stay updated on the latest OHS happenings and incorporate them into their processes.