Can we expect health and safety reform under the new Labour Government?

With the recent shift in political power in the UK, many employers are beginning to question how the new Labour Government will approach a potential reform of health and safety regulations. As workplace safety remains a crucial issue affecting millions, Labour’s new ‘Plan to Make Work Pay’ manifesto pledge could signal significant changes ahead in numerous areas from mental health support to employment rights.

In this article, NFP’s Managing Director of Health and Safety Jonathan Williams delves into Labour's stance on health and safety, examining their proposed policies and the possible impacts for employees and employers as we explore what the future may hold under the new administration.

Key takeaways

1. Safer workplaces: modernising health and safety legislation, increasing funding for the Health and Safety Executive, and expanding inspection powers amongst other improvements.
2. Mental health: enhanced mental health support by recruiting 8,500 additional NHS staff and providing 40,000 extra weekly GP appointments, alongside introducing a 'right to switch off' and flexible working from day one to improve work-life balance.
3. Employment law: introducing legislation within 100 days to strengthen workers' rights, banning exploitative zero-hours contracts, establishing a Single Enforcement Body, addressing the Access to Work backlog, and reforming the Work Capability Assessment.

Safer workplaces

As part of their ‘Plan to Make Work Pay’, Labour have pledged to review and ‘modernise’ health and safety legislation so that it is fit for the ‘modern workplace’¹. Although their plan does not go into specifics right now, and with no sign of any comprehensive overhaul of the current Health and Safety and Work Act 1974, there is mention of conducting a review into extreme temperatures in the workplace and what is deemed acceptable for strenuous and sedentary workplaces. Currently, there is no legally defined maximum temperature limit for any type of workplace.

The plan also includes increasing funding for The Health and Safety Executive (HSE) and local councils to enable a new wave of workplace inspections and expanded authority to initiate proceedings. It’s estimated that HSE and local authorities have lost funding of more than 50% over the last decade, with workplaces now only likely to be inspected every 250 years². With recent news of failings of RAAC concrete³ particularly in schools, pressure has built on the new government to take action.

Labour has also promised to work alongside employers, trade unions and other stakeholders to support the wellbeing of workers and their long-term physical and mental health. While there’s no specific details as to what this would entail right now, there is a targeted reference to long COVID and the need to implement greater workplace support for those affected by its lingering effects, a condition about which much remains unknown.

Crime and harassment in the workplace have been highlighted as key elements in Labour's strategy to create safer environments for all employees, particularly shopkeepers. They have pledged to introduce new legislation that will establish a specific offence for violence against shop workers, aimed at protecting them from threats and violence. Additionally, they plan to eliminate the effective immunity currently in place for certain instances of shoplifting.

One in two women has experienced sexual harassment at work⁴. Labour aims to address this issue by mandating that employers create and maintain workplaces and working conditions free from harassment, as their legal duty.

Mental health

Labour has pledged to recruit an additional 8,500 mental health staff in the NHS, aiming to enhance mental health support across the nation. This initiative is complemented by the promise of 40,000 extra GP appointments each week, including guaranteed face-to-face consultations for those who prefer them.

Moreover, Labour plans to introduce a 'right to switch off,' inspired by similar models in European countries such as Ireland and Belgium, to ensure employees can disconnect from work outside of office hours.

Additionally, they advocate for flexible working options to be available from the first day of employment, promoting a better work-life balance for all workers.

Employment law

This area is where we’ll see some of the biggest changes from Labour. Central to their agenda in their Plan to Make Work Pay is a commitment to introduce legislation within the first 100 days of office aimed at strengthening workers' rights. This will involve banning exploitative zero-hours contracts and extending employment law protections for all staff.

The cornerstone of these expanded employment law protections is to introduce a ‘Single Enforcement Body’ with trade union representation for employment rights, who would be able to undertake targeted and proactive enforcement work and bring about civil proceedings to uphold employment related rights.

They propose that this Single Enforcement Body would end the current ‘three tier employment status system’ which is broken down by employee, self-employed and worker, each with different rights and responsibilities. The system has drawn criticism as it has led to confusion of some individuals not understanding their employment status, as well as some employers abusing the system to save employment-related costs and prevent individuals gaining employment rights⁵.

Additionally, Labour plans to address the Access to Work backlog, ensuring disabled individuals have the necessary accessibility adjustments and equipment to confidently enter the workforce. Last year, the number of disabled individuals waiting for a decision on their Access to Work claim was just over 25,000, an 8% increase from the previous year⁶.

Furthermore, they aim to reform or replace the Work Capability Assessment to better support those with disabilities. Though there is no mention in Labour’s plan as to what this reform or replacement might be, the Work Capability Assessment has been controversial since its introduction due to significant criticisms regarding its effectiveness and fairness. Introduced to determine eligibility for disability benefits, it has faced backlash for flawed assessment processes and decision-making, leading to a pervasive lack of trust⁷.

Summary

Due to Labour’s win, employers can expect some notable changes, including expanded protections for a broader range of workers and the establishment of a new enforcement body with significant powers to conduct inspections and initiate proceedings. However, based on their manifesto and Plan to Make Work Pay, it appears unlikely that there will be any fundamental changes to the UK's current health and safety regulations, and certainly nothing as pioneering as the introduction of the Health and Safety at Work Act 1974, which was introduced 50 years ago this year by a previous Labour Government.