A bid to reverse Coalition Government legislation which led to increased complexity and uncertainty in workplace injury claims has been launched by a Scottish MP.
Dundee Central’s Chris Law MP has tabled an amendment to the Employment Rights Bill to repeal section 69 of the Enterprise and Regulatory Reform Act 2013.
“Until the 2013 Act, injured workers had the statutory right to claim compensation if their employers had breached health and safety regulations. But section 69 of the Act took this route to compensation away,” explained Gordon Dalyell, treasurer of the Association of Personal Injury Lawyers (APIL).
“Injured workers must now rely almost exclusively on the common law instead, which means they have to demonstrate that negligence has taken place. This is especially challenging in the workplace, where employers always have the upper hand. They control the workplace, the equipment, the systems, and hold all the information,” he went on.
APIL opposed section 69 in the strongest terms at the time and has briefed Mr Law on the issues.
“Recent judicial decisions have highlighted the increased complexity in some employers’ liability cases and the increasing uncertainty for people who suffer injuries at work since section 69 came into effect. There is a real concern that many people who suffer harm in the workplace may not be getting as far as establishing a claim,” Gordon explained.
APIL analysis of data from the Compensation Recovery Unit and the Health and Safety Executive (HSE) found that between 2018 and 2024 there was a 16 per cent increase in the number of workers with injuries which required more than seven days absence, or who became ill because of their work. In the same timeframe, employers’ liability compensation claims plummeted by 50 per cent.
“Mr Law’s amendment to repeal section 69 is a chance to right a wrong,” Gordon said.