Health and Safety | UK Regulatory Outlook January 2025

Grenfell Report Phase 2: Government recommendations to be published

In response to the Grenfell Tower Inquiry Phase 2 Report, published on 4 September 2024, the prime minister promised a response within six months.  In his statement in the House of Commons, Sir Keir Starmer set out wide-ranging ambitions for reform, ranging from forcing freehold owners to assess their buildings and enter remediation schemes, to introducing a new Residential Personal Emergency Evacuation Plan policy.  For further detail, please see our Insight.

Given the prime minister's commitment to respond in full to the Phase 2 report within six months, we can expect to see the government's response published in the first quarter of the new year.  Businesses operating in the construction industry should watch this space closely, as it seems almost certain that changes will need to be implemented across many businesses.

Residential Personal Emergency Evacuation Plans (PEEPs) could soon be required

In Phase 1 of the Grenfell Tower Inquiry, it was recommended that the owner and manager of every high-rise residential building be legally required to prepare personal emergency evacuation plans (PEEPs) for all residents whose ability to self-evacuate may be compromised (such as those with reduced mobility or cognition).

On 2 December 2024, the government published its response to a further consultation on PEEPs, which took place between May and August 2022. This consultation sought views on proposals for Responsible Persons (RPs) to identify and engage with mobility-impaired residents, offering them Person-Centred Fire Risk Assessments to determine reasonable interventions and share this information with the local fire and rescue service for operational response planning.

The consultation outlined a five-step process that formed the Emergency Evacuation Information Sharing proposals. These steps are:

1. Defining the building evacuation strategy
2. Identification of those needing support to evacuate
3. Person-Centred Fire Risk Assessment checklist
4. Sharing information with the local FRS
5. The FRS access and use this information in the event of a fire

Based on responses from enforcing authorities, RPs, building owners, residents, disability groups, and others, the consultation reached 15 conclusions, which included, among others, recommendations to introduce the 5-step process above and create a "Residential PEEP" and to make Residential PEEPS mandatory for higher-risk buildings. The consultation also recommended introducing a "Person-Centred Fire Risk Assessment", which will mandate RPs to engage with vulnerable residents when preparing a risk assessment, and to share information about vulnerable residents with local Fire and Rescue services.

The government will work with various stakeholders and representative bodies to develop operational guidance, policies, and toolkits. Subject to parliamentary approval, new regulations will be laid to enact the above outcomes on Residential PEEPs and building-level evacuation plans as soon as the parliamentary timetable allows. We anticipate further updates on this in 2025.

Review of building regulations guidance

The Building Safety Regulator (BSR) has been asked by the deputy prime minister to undertake a review of Approved Documents which provide further guidance on implementation of the Building Regulations 2010. This review follows on from the Grenfell Tower Inquiry Phase 2 Report which highlighted issues with the documents as currently drafted and will be important to consider when carrying out any building work, and as part of building safety considerations broadly.

During early 2025, the BSR will set up a review panel. The process will include:

• Agreeing on the panel’s terms of reference.
• Appointing a Chair to lead the panel.
• Selecting members to assist in achieving its goals.

Further details will be announced in due course and we anticipate any changes to the documents to be announced in 2025.

HSE report on fatalities and deaths

Our November 2024 Regulatory Outlook reported on the publication of Health and Safety Executive's (HSE) annual work-related ill health and injury statistics for 2023/24.

While there was a slight overall year-on-year decrease in the number of employees suffering from ill health when compared with 2022/23, almost half of reported ill-health cases relate to mental health conditions.  Mental health-related illness cases peaked during the coronavirus pandemic and, whilst there has been a slight decrease when compared with 2022/23, the current rate of stress, anxiety and depression remains higher than pre-pandemic levels.

The cost of ill-health to businesses is staggering.  According to the HSE, an estimated 33.7 million working days were lost in 2022/23 due to self-reported work-related ill health or injury.  The financial cost amounted to £21.6 billion.

As businesses head into 2025, the well-being of employees must be high up the list of priorities.  Businesses should review their policies and practices for supporting employees with illness, particularly in relation to mental health, where it is necessary to have in place appropriate procedures to identify signs of poor mental health, and intervene where necessary.

Worker Protection (Amendment of Equality Act 2010) Act 2023: New guidance published on the duty to prevent sexual harassment

On 12 November 2024, the Equality and Human Rights Commission (EHRC) issued new guidance to employers on the duty to prevent sexual harassment in the workplace, which came into force on 26 October 2024. The Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act) introduced a new section 40A into the Equality Act 2010, which requires employers to take reasonable steps to prevent sexual harassment of their employees, including harassment perpetrated by third parties.

The change of legislation requires employers to take a risk-based approach to risks of sexual harassment and EHRC guidance promotes the carrying out of risk assessments from which to assess what 'reasonable steps' can be identified.

There are a number of EHRC and CIPD guidance documents published to support employers but businesses may find that working with colleagues who are used to dealing with risk management and compliance issues (including H&S advisors) will be well placed to support HR teams to carry out this analysis and identify whether systems and procedures already in place in the organisation will be adequate to address the new requirements.

A failure to put in place reasonable steps exposes businesses to regulatory investigation and enforcement by the EHRC irrespective of whether any actual sexual harassment incident has taken place as well as enhanced awards risked in sexual harassment Tribunal claims.

Duty of employers to prevent sexual harassment- further developments

As mentioned in our October Regulatory Outlook, a private members' bill has been introduced in the House of Commons to amend the Health and Safety at Work etc. Act 1974 to place a requirement on employers to take proactive measures to prevent violence and harassment in the workplace; to make provision for protections for women and girls in the workplace; and to require the Health and Safety Executive to publish a Health and Safety Framework on violence and harassment in the workplace, including violence against women and girls in the workplace.

The first reading in the House of Commons was on 21 October, and the second reading has now been delayed to Friday 7 March 2025. In the lead up to the bill's second reading, you should keep an eye on any associated developments and changes to the scope of the bill, especially given the new duty on employers to prevent employees from being subjected to sexual harassment at work (see below).

Martyn's Law

The Terrorism (Protection of Premises) Bill, also referred to as Martyn's Law or the Protect Duty, continues to makes its way through the Parliamentary process at pace. With the second reading completed in the House of Lords on 7 January and now moving to Committee Stage, we expect to see the bill receive Royal Assent in 2025.

The Home Office expects at least 24 months to pass before Martyn's Law is implemented after Royal Assent, with the bill's duties coming into force in 2027. This implementation period allows time for:

• the Security Industry Authority to establish how it will support dutyholders with meeting their obligations under the bill, and how it will undertake enforcement action in instances of breach;
• those responsible for premises and events caught by duties under the bill to understand their new obligations; and
• dedicated guidance and support to be provided by the Home Office and the Security Industry Authority.

To prepare for these upcoming duties, it is worth organisations taking the time to assess whether their premises or events fall within the standard tier or enhanced duty tier of the bill, to understand the obligations that may apply to their business operations.

To prepare to meet those obligations, organisations can refer to the recently released factsheets that accompany the bill. These cover topics such as scope of premises; scope of events; reasonable expectation of numbers of individuals present; responsible person; standard duty requirements; enhanced duty requirements; and regulation, sanctions and enforcement.

Update on the government's 'Plan to Make Work Pay'

At the end of last year, the government published a new policy paper, "Next Steps to Make Work Pay", outlining the steps it will take to bring its employment based manifesto pledges into force. As part of its original "Plan to Make Work Pay" document, published in June 2024, the Labour Party pledged to "review health and safety guidance and regulations with a view to modernising legislation and guidance where it does not fully reflect the modern workplace".

The main focus of the government's new policy paper is on the new Employment Rights Bill but it highlights other planned reforms that will be delivered under non-legislative methods including "modernising health and safety guidance".  It is not clear exactly what changes will be implemented, however at this stage the government has indicated that as part of its longer-term delivery of reforms (autumn 2024 and onwards) they will be looking at the following with a view to modernising the legislation and guidance:

• neurodiversity awareness in the workplace;
• how to modernise health and safety guidance with reference to extreme temperatures;
• whether existing regulations and guidance is adequate to support and protect those experiencing the symptoms of long Covid; and
• ensuring health and safety reflects the diversity of the workforce.

Therefore, we expect the government in 2025 to start conducting reviews of these areas which may then lead to potential updates of the legislation and guidance.