Health and safety

Horizon scanning

From policy to prevention: the health and safety Bill that’s raising the bar

What's happening?

A Bill has been introduced to amend the Health and Safety at Work etc. Act 1974 (the Act) to try to combat violence and harassment in the workplace.

The Bill seeks to ensure employers take proactive measures to prevent harassment and violence in the workplace as well as making specific provisions for the protections for women and girls in the workplace.

Additionally, and in order to assist employers in making those provisions, the Health and Safety Executive (HSE) will have to produce a framework on violence and harassment in the workplace (also including, specifically, violence against women and girls). This framework will include specific provisions relating to prevention, duties to create safe and inclusive workplaces and preventative measures.

Why does it matter?

Violence in the workplace can not only have an impact in terms of physical injury but the emotional impact can take a lifelong toll on victims and witnesses.

The HSE reported that, for the year 2023/24, there were 624,000 incidents of violence at work and 279,000 adults experienced violence at work, albeit there was no gender breakdown in this report.

Closethegap reported that over 70% of women in the workplace in Scotland had experienced or witnessed sexual harassment.

The definition of violence against women and girls comes from the 1994 UN declaration on the elimination of violence against women which defines it as "any act of gender-based violence that results in, or is likely to result in, physical,

sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life."

The Bill complements the Worker Protection (Amendment of Equality Act 2010) Act 2023, which requires employers to be proactive in taking reasonable steps to prevent sexual

harassment in the workplace. The Act also requires proper policies and training are in place to address the risk of sexual harassment.

The changes proposed by the Bill will have a direct impact of the emotional and physical wellbeing of all employees. It also highlights the importance of a safe and inclusive workplace with a focus on guidance, policies and processes as well as monitoring and enforcement.

What action should you take?

Whilst there is limited information regarding the Bill, employers must be aware of the changes proposed and keep up to date with all guidance and the framework from the HSE when it is published.

Under the current proposals employers will need to carry out risk assessments to identify potential risks of violence and harassment in the workplace and implement the requisite policies and procedures in order to reduce/eliminate these risks as far as is reasonably practicable. Workers should ensure they are aware of those policies and procedures to ensure their own and others' safety in the workplace.

Key dates

Second reading of the Bill on 20 June 2025

Andrew Martin
Associate
+44 7849 310904
andrew.martin@rpclegal.com

Sally Lord
Insurance Knowledge Lawyer Manager
+44 7912 560241
sally.lord@rpclegal.com

Recent developments

Martyn's Law (Protect Duty): an update

In this article, we expand on our previous publications on the subject.

It's been reported that since March 2017, there have been 15 terror attacks on UK soil and the disruption of 43 late-stage plots. These are complex threats and it is not possible to predict where an attack might take place with a broad-range of locations chosen by terrorists. It is therefore vital to be as prepared as possible for such attacks, to ensure the highest level of public safety.

What's happening?
Martyn's Law, known more formally as The Terrorism (Protection of Premises) Act 2025 (the Act), received Royal Assent on 3 April 2025. This law was established following the tragic events of the 2017 Manchester Arena attack, and in recognition of Martyn Hett who was tragically killed in the attack. The law aims to bolster public safety, ensuring public venues and events are better equipped and in a stronger position to prevent, deal with and respond to potential terrorist threats. Those responsible are now expected to assess how they would respond in the event of a terrorist attack.

Additionally, for larger venues and events, it is essential to consider and put in place appropriate measures to reduce vulnerability to such threats. Under the Act, it is hoped qualifying premises and events will be better equipped and protected, in order to ensure they are ready to respond to a terrorist attack, should it occur, with practical steps to mitigate issues. The Act establishes a tiered approach, with two main tiers, based on the number of people reasonably expected to be at the same premises/event:

Standard Tier (200-799 people) The responsible person (the one in control eg someone senior like a Chief Security Officer) needs to register the premises/event with the regulator, the Security Industry Authority (SIA); and so far as reasonably practicable, have appropriate public protection measures in place. These are basic protective measures which those working at the premises/event should follow should an issue arise. They are aimed at reducing the risk of physical harm caused to individuals and relate to evacuating, moving people to a safe place, locking the premises and communicating

with people on site. These are low-cost measures (eg having an emergency plan) and basic security measures that people can carry out rather than physical infrastructural changes.

Enhanced Tier (800+ people) As well as complying with the provisions under the Standard Tier, those who fall under the Enhanced Tier must put in place appropriate measures to reduce the vulnerability of an attack occurring and the risk of harm should an attack take place. These procedures need to be recorded and provided to the SIA. Suitable actions might involve installing CCTV/other surveillance, searching bags and inspecting vehicles coming on site.

What impact has it had?

Whilst the transitional phase is in place, premises/events will be gearing up for the changes, with some already publicising new security measures. Manchester Arena, for example, has outlined detailed plans for enhanced screening protocols, increased CCTV and bolstering emergency response practices. This demonstrates the Arena's understanding of its responsibilities under the Act and that they are taking steps to modernise security. Others, including London's O2 Arena and the Bristol Hippodrome are following suit.

Conclusion

There is a transitional phase of 24 months to allow operators of such premises and events to implement the mandatory security enhancements in place until 3 April 2027. This phased approach enables parties to overhaul security systems (which may need further investment), train staff and make any physical improvements to infrastructure. Those responsible should continue to secure public safety whilst the new measures are put in place. During this time, those involved can collaborate, provide feedback and share best practice.

The SIA will be able to provide guidance, advice and support for those responsible under the Act. If the new regime is not followed, the SIA are authorised to take enforcement action. Such measures will include compliance notices, restriction notices and fines. The Act also creates some criminal offences. There will be statutory guidance from the SIA and further guidance from the government to support stakeholders.

Andrew Martin
Associate
+44 7849 310904
andrew.martin@rpclegal.com

Catherine Zakarias-Welch
Insurance Knowledge Lawyer Manager
+44 7510 586683
catherine.zakarias-welch@rpclegal.com