Fact Service October 2013

Issue 39

October brings few legislation changes

From 1 October 2013, section 40 of the Equality Act 2010 is repealed so that the provisions that previously made an employer liable if an individual is harassed by a third party no longer apply. However there are still circumstances in which employers may face other types of claims where an employee is harassed by a third party.

An employer should still take reasonable steps to prevent third-party harassment, such as “zero tolerance” posters, reporting abusive visiting suppliers to their own employer, barring an abusive customer, improving security measures for vulnerable staff through practical responses which could include re-organising working practices, buddy-pairing, and alarms.

In the health and safety sphere, new regulations revoke and replace the 1995 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to clarify the requirements for informing enforcing authorities about serious work-related accidents and incidents. The changes will mean fewer types of “dangerous occurrences” will require reporting.

The classification of “major injuries” to workers is replaced with a shorter list of specified injures. And the schedule of 47 types of industrial disease is being replaced with eight categories of reportable work-related illnesses.

And, the 1981 Health and Safety (First Aid) Regulations have been amended to remove the requirement for the Health and Safety Executive to approve first-aid training and qualifications.

The only other change was the increase in the National Minimum Wage (see Fact Service, issue 38).

www.personneltoday.com/articles/25/09/2013/59669/four-employment-law-changes-commencing-1-october-2013.htm#.UkPqhC1wa70

www.hse.gov.uk/pubns/indg453.htm

www.hse.gov.uk/pubns/priced/l74.pdf

www.hse.gov.uk/pubns/geis3.pdf