Legal Compliance

Business Value

The Health and Safety at Work etc. Act 1974 states that employers have a legal duty of care to do all they reasonably can to support their employees’ health, safety, and wellbeing:

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

Health and Safety at Work etc. Act 1974, §2.1

Consequently, employers are legally required to assess potential risks within their workplace and take action to mitigate against them. Typically this involves the development of documented processes and procedures that reflect industry best working practice, and practical measures such as routine maintenance of equipment. It is also likely to require the provision of information, supervision, or training.

Furthermore, such obligations also apply to any non-employees that a business might interact with:

“It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.”

Health and Safety at Work etc. Act 1974, §3.1

Significantly, there is a legal requirement for employees to also participate in ensuring a safe working environment:

“It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work”

Health and Safety at Work etc. Act 1974 §7

The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety.

Health and safety laws applying to your business are enforced by HSE inspectors or by officers from your local authority.

The HSE provides a wide range of resources to help employers understand and comply with their legal obligations.

Whilst the legislation was originally drafted to address obvious physical risks of unsafe working environments, such as those within manufacturing, heavy industry, mining, and so on, it nevertheless also applies to other aspects of wellbeing.

More recently, there has been increasing focus on the role of working environments in relation to mental health issues such as stress, burnout, and so on.

Consequently, even ‘white collar’ businesses that have traditionally regarded themselves as ‘safe’ working environments must consider their legal health and safety obligations in relation to these issues.

In addition to simply being the morally right thing to do, such compliance also has an number of ‘bottom line‘ implications for business.

If employees resign as a consequence of of deficiencies in health and safety, employers can face a claim of constructive dismissal, and a subsequently be required to settle or defend an employment tribunal case.

Furthermore, any employee ‘whistleblowing’ with respect to health and safety is specifically protected by the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998.

“A qualifying disclosure means any disclosure of information which,in the reasonable belief of the worker making the disclosure, tends to show one or more of the following that the health or safety of any individual has been, is being or is likely to be endangered”

Public Interest Disclosure Act 1998, §43B

“A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.”

Public Interest Disclosure Act 1998, §47B

Importantly, company office holders can be held personally liable for breaches of health and safety legislation under the Health and Safety at Work etc. Act 1974.

“Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”

Health and Safety at Work etc. Act 1974, §37

Significantly, the impact of ignoring health and safety obligations goes well beyond the direct financial costs of defending legal action and settling fines or compensation claims.

Perhaps more importantly, the consequent brand and reputational damage can result in major indirect costs relating to the negative impact on customer sales, employee recruitment, staff retention, business relationships, strategic partnerships, and investor confidence.

In the first instance, we can undertake health & safety audits and wellbeing surveys, so that you fully understand the current risks to your business.

We can then work with you to put appropriate processes and procedures in place to mitigate against these, and train your managers and other senior staff in how to effectively implement them. Consequently, we can ensure that everyone is aware of their legal obligations.

We can also help you take effective action to deal with any issues that are currently ongoing.

Should you become involved in employee disputes, we can assist you with mediation, settlement, or tribunal representation.

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