Occupational Health Newsletter
Issue 3, 2025
Key Legislation Changes Affecting UK Employers: Occupational Health and Workplace Safety
The legal landscape surrounding occupational health and workplace safety is evolving, with key legislative updates set to impact UK employers. Keeping up to date with these changes is essential to ensure compliance, mitigate risks, and protect employee wellbeing. Below, we explore the most significant updates in employment law and employer responsibilities related to health, safety, and disability.
Employment law updates: The Employment Rights Bill
A new Employment Rights Bill has been published, proposing major reforms to workplace protections. Although not expected to become law until Autumn 2026, employers should be aware of the Bill’s key provisions:
• Unfair dismissal protection from day one. The government is repealing the two-year qualifying period for unfair dismissal protection. Currently, subject to certain exceptions, employers can dismiss an employee within the first two years of employment without a fair reason or formal process, effectively creating a two-year probationary period. British probation periods are contractual rather than statutory, varying between employers.
The proposed law ensures that all employees will have protection from unfair dismissal from their first day. However, employers will not be prevented from fairly dismissing employees.
To balance this change, the government plans to introduce a ‘statutory probationary period’ lasting nine months. During this period, employers will have a simplified and less onerous process to fairly dismiss employees, recognising the importance of ensuring that jobs are a good fit for both the employer and the employee
• Flexible working as a default. Employees will have the right to request flexible working from day one of employment, except where it is not reasonably feasible. The Employment Rights Bill will place additional obligations on employers when dealing with requests. Employers will still be able to refuse such requests, however, they must provide a reasonable, written explanation as to why a request has been refused.
Employer responsibilities: Health, safety, and disability
A recent court case (R v. W.M. Morrisons Plc) serves as a stark reminder of employer responsibilities in ensuring workplace safety. Morrisons was fined £3.5 million following the tragic death of an employee with epilepsy due to several legal failures:
There was also a lack of follow-up on occupational health advice. While OH advice had been sought, the employer failed to act on reasonable adjustments and recommendations provided.
Key takeaway for employers: If an employee has a known disability, all reasonably practicable steps must be taken to ensure their safety at work. Seeking occupational health (OH) advice is critical, but it is equally important to give due consideration to the recommendations made and implications if not implemented.
Additionally, while there is no specific legal requirement for a separate risk assessment for disabled workers, the Health and Safety Executive (HSE) advises reviewing existing assessments if an employer becomes aware of an employee’s disability.
New employer duty: Preventing sexual harassment
From 26 October 2024, employers will have a new legal duty under the Equality Act 2010 to take reasonable steps to prevent sexual harassment in the workplace. This includes harassment by colleagues, customers, and contractors.
Although employees cannot bring standalone claims under this new duty, employers who fail to comply with their legal obligations under the Act risk a 25% increase in compensation if a harassment claim is successful.
What employers should do next:
To stay compliant and protect both employees and businesses, UK employers should:
By proactively addressing these legislative changes, employers can reduce legal risks and create safer, legally compliant workplaces that prioritise the health and wellbeing of their people.
Supporting Colleagues with Endometriosis
A startling one in six women and those assigned female at birth have had to leave the workplace due to endometriosis.
As we observe Endometriosis Action Month this March, coinciding with International Women's Day on March 8th, it's imperative to address the often-overlooked issue of endometriosis (alongside other menstrual health concerns) and its profound impact in the workplace. Endometriosis affects approximately 1 in 10 women and those assigned female at birth in the UK, equating to about 1.5 million individuals—a prevalence comparable to that of diabetes.
Understanding endometriosis and dispelling misconceptions
Endometriosis is a chronic condition where tissue similar to the lining of the womb grows elsewhere in the body, leading to debilitating pain, fatigue, and even infertility. Despite its prevalence, misconceptions abound. Many dismiss it as merely 'bad periods,' undermining the severity of the condition. This trivialisation contributes to a culture of silence and stigma, deterring those affected from seeking help and support.
The struggle for diagnosis
Alarmingly, the journey to an endometriosis diagnosis in the UK averages nearly nine years.
This protracted timeline is often due to normalisation of symptoms, lack of awareness among healthcare providers, and limited research funding. A report by Endometriosis UK, indicated that half of all respondents (47%) had visited their GP 10 or more times with symptoms prior to receiving a diagnosis, and 70% had visited 5 times or more.
During this period, individuals may endure chronic pain, mental health challenges, and diminished quality of life, all of which can adversely affect their professional lives.
Impact on employment
Endometriosis can have a significant impact on workplace attendance and productivity. Research from Endometriosis UK indicates that individuals with the condition lose, on average, more than 8 hours of work per week due to symptoms. This includes both absenteeism (time taken off work due to illness) and presenteeism (being at work but unable to perform effectively due to pain and fatigue).
Unique national research from the Office for National Statistics (ONS), suggest that following diagnosis, women may be taking lower-paid jobs or working fewer hours demonstrating the impact endometriosis has on women's ability to earn and work. The probability of being a paid employee decreases by 2.7 percentage points, four to five years post-diagnosis compared to the two years prior.
For businesses, the economic impact of unmanaged endometriosis is substantial. Lost working days, reduced productivity, and high staff turnover contribute to overall business costs. Employers who fail to address these challenges risk not only financial losses but also decreased employee morale and retention.
Creating an endometriosis-friendly workplace
Employers play a pivotal role in creating an inclusive environment for those affected by endometriosis. Here are actionable steps to consider:
Endometriosis UK's "Endometriosis Friendly Employer Scheme" offers guidance for organisations aiming to support employees with endometriosis effectively.
A call to action
This Endometriosis Action Month, let's challenge misconceptions, expedite diagnosis, and create supportive workplaces. By implementing informed policies and fostering understanding, employers can significantly enhance the wellbeing and productivity of those affected by endometriosis.
Neurodiversity Celebration Week
As Neurodiversity Celebration Week approaches from 17th to 23rd March 2025, it's an opportune moment for employers to reflect on the significance of neurodiversity in the workplace. Embracing neurodiversity isn't merely a nod to inclusivity; it's a strategic move that can unlock unparalleled potential within organisations.
Understanding neurodiversity
Neurodiversity refers to the natural variations in human brain function, encompassing conditions such as autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), dyslexia, dyspraxia, and others. In the UK, it's estimated that approximately 1 in 10 individuals are neurodivergent.
The business case for neurodiversity
Integrating neurodiverse talent into the workforce offers numerous advantages. Neurodiverse employees often bring unique perspectives and problem-solving skills, leading to innovative solutions and creative approaches. Many possess exceptional attention to detail, pattern recognition, and analytical abilities, which can significantly enhance productivity. Additionally, a neurodiverse workforce enriches team dynamics by introducing a variety of cognitive approaches and strengths.
Current landscape in the UK
Despite the evident benefits, neurodiverse individuals often face employment challenges. While only one of many neurodiversities, the Buckland Review of Autism Employment report focuses on supporting employers to recruit and retain autistic people and address the autism employment gap.
The report suggests autistic people face the worst employment gap out of all disabled people – only 3 in 10 autistic adults are in work (compared to 5 in 10 for all other disabled people, and 8 in 10 for non-disabled individuals).
The Equality Act 2010
Under the Equality Act 2010, UK employers are legally required to make feasible reasonable adjustments to ensure that neurodiverse employees can work effectively and comfortably. The Act protects individuals from discrimination based on disability, and while neurodiversity itself is not explicitly listed, many neurodivergent conditions can qualify as disabilities if they have a substantial and long-term adverse effect on a person's ability to carry out daily activities, including work.
This means employers must take proactive steps to remove barriers and provide appropriate support, which can include adjustments to work practices, modifications to the physical workspace, or the provision of assistive technology. Failure to make these adjustments could constitute discrimination.
Creating an inclusive workplace
It’s important to have open conversations and consider how individuals work best. Many of the reasonable adjustments below can help neurodiverse individuals to flourish and thrive at work but can also have positive benefits for the wider workforce as well.
To harness the strengths of neurodiverse individuals, employers can consider the following strategies.
Conclusion
Embracing neurodiversity is more than a compliance requirement; it's a strategic advantage that fosters innovation and inclusivity. By recognising and valuing neurological differences, employers can tap into a wealth of talent and drive their businesses forward. As Neurodiversity Celebration Week 2025 approaches, let's commit to creating workplaces where all minds are valued, and everyone has the opportunity to thrive.