Chance to right a wrong in employers' liability claims

A Scottish MP has launched a bid to reverse legislation introduced under the Coalition Government that has made workplace injury claims more complex and uncertain. Chris Law, MP for Dundee Central, has tabled an amendment to the Employment Rights Bill seeking to repeal section 69 of the Enterprise and Regulatory Reform Act 2013.

Before the Act, workers who suffered injuries due to their employers breaching health and safety regulations had a statutory right to compensation. However, section 69 removed this route, forcing injured workers to rely on common law claims, which require proving employer negligence. This has created difficulties for workers, as employers often control the workplace environment, equipment, and systems.

Gordon Dalyell (pictured), treasurer of the Association of Personal Injury Lawyers (APIL), explained that this change has made it harder for workers to claim compensation. He added that judicial decisions in recent years have shown an increase in complexity and uncertainty surrounding employers' liability cases. He also noted a concerning drop in the number of successful compensation claims, despite a rise in workplace injuries.

APIL’s analysis of data from the Compensation Recovery Unit and the Health and Safety Executive revealed that between 2018 and 2024, there was a 16 per cent increase in workplace injuries requiring more than seven days' absence or causing illness. At the same time, employers’ liability compensation claims fell by 50 per cent.

Dalyell called Law’s amendment a “chance to right a wrong,” urging for action to restore fairness to workers.