Health and safety

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Health and safety is a complex area of law which not only has its own legal specialism, but also filters into many other areas of law, including employment.

The material in the health and safety topic gives an overview of the main areas of health and safety law that are likely to be encountered by employment lawyers and with which most employment lawyers will need some degree of familiarity. It also highlights in more detail particular issues, such as smoking in the workplace, on which many employment lawyers will be asked to advise on a regular basis.

The Health and Safety Executive's (HSE) website is a useful source of further detailed guidance on many of the issues covered in our health and safety topic.

Legislative framework

Health and safety in the workplace involves two different branches of the law—criminal law and civil law. The interplay between the two areas, including the compliance issues and main obligations are set out in the Health and Safety at Work etc Act 1974 (HSWA 1974).

Safety and the risk to safety under the Health and Safety at Work Act 1974

As

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Latest Employment News

HMCTS announces delay in new ET practice directions implementation

HM Courts and Tribunals Service (HMCTS) has announced a delay in the implementation of new Practice Directions for Employment Tribunals (ET) in England, Wales, and Scotland. In an email circulated to national user group members, HMCTS advised that the Practice Directions, originally scheduled to coincide with the Employment Tribunal Procedure Rules 2025 on 6 January 2025, are now expected later in January 2025. The directions will introduce changes to the presentation of claims, responses, and statutory appeals, including restrictions on email submissions of ET3 response forms.

Lawyers warn skeletal zero-hours contract ban may backfire

Law360: A proposed reform to crack down on exploitative zero-hours contracts is so vaguely drafted that it is unworkable and risks backfiring on its aim to provide more stability for workers, lawyers and industry groups say.

ET Presidents explain how to approach existing Practice Directions and Presidential Guidance in light of new ET procedure rules

Employment analysis: Judge Barry Clarke, the President for the Employment Tribunals (England and Wales), and Judge Susan Walker, the President for the Employment Tribunals (Scotland), have published a joint letter, dated 18 December 2024, concerning the interaction between the current Practice Directions and Presidential Guidance documents and the new Employment Tribunal Rules 2024, which take effect on 6 January 2025.

Employment weekly highlights—19 December 2024

This edition of Employment weekly highlights includes: (1) a round-up of the key employment law developments in 2024 and what to look out for in 2025, (2) a joint letter from the Presidents of the Employment Tribunals for England & Wales and Scotland on how to approach existing Practice Directions and Presidential Guidance in light of the new procedure rules, (3) two Court of Appeal decisions on the extension of employment tribunal time limits, (4) an EAT decision examining the interplay between regulations 4(7), 4(8) and 4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), (5) a Court of Appeal ruling that claims that migrant workers were abused in Dyson’s Malaysian factories should be heard in Britain, (6) the IRLR Highlights for January 2025, (7) dates for your diary, and (8) other news items of interest to employment practitioners.

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