Just over a year has passed since the Enterprise and Regulatory Reform Act 2013 swept away employees’ rights to sue for injuries caused by a breach of the UK’s Health and Safety Regulations.  Government at the time claimed that this was designed to reduce the burden on employers.

In theory, the Enterprise Act should lead to a reduction in claims, which should lead to a reduction in pay-outs, which should lead to a reduction in insurance premiums (for employers).  Has this materialised?

If not, can it really be said that employers have benefitted from the legislation?  Is it, perhaps, the insurance industry that stands to pocket the profits?

What we can certainly say is that, as a result of the Enterprise Act, employees lost out. Badly.

So, is today’s judgment, potentially allowing employees the right to claim backdated holiday pay going to redress the balance in any way? Maybe there are three “teams” in this equation: Employees 1 v Insurance Companies 1 v Employers 0.

lets see what the appeal courts make of today’s judgment…

Graham Laughton

Graham Laughton
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November 4, 2014