Zahra Nanji recaps the SARAH legislation, recommendations to exempt some self-employed persons from health and safety laws, and new guidance for construction sites
On 13 April 2015, the Social Action, Responsibility and Heroism Act (SARAH) came into force. The explanatory note issued to accompany SARAH highlights that it has not changed the existing framework around claims in negligence or for breaches of statutory duty. There has been consistent comment that SARAH adds nothing to the current legal landscape, given that section 1 of the Compensation Act 2006 already includes provisions which a court may (but not must) take into account when determining any question of negligence.
SARAH now requires a court, when determining whether someone has behaved negligently, to have regard to three additional factors when considering a person’s actions: