Rank: Super forum user 
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Sorry folks I have lost track of what is happening.
Are they( the government) repealing the right to sue for Tort of Breach of Statutory law in relation to H&S law after all?
And if they are when will this come into effect?
I am updating our legal register and I cannot seem to find a definitive answer. It must be the heat.
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Rank: Forum user
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not sure if you are referring to the Enterprise and Regulatory Reform bill (Royal Assent yesterday)
"take forward a number of measures announced through the government's Red Tape Challenge, including changes so that in future civil claims for breach of health and safety duties can only be brought where it can be proved an employer has been negligent. It also establishes the principle that an employer should always have the opportunity, even where a strict duty applies, to defend themselves on the basis of having taken all reasonable steps to protect their employees"
Taken from:-
http://news.bis.gov.uk/c...=428955&NewsAreaId=2
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Rank: Super forum user
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Baker30611 wrote:not sure if you are referring to the Enterprise and Regulatory Reform bill (Royal Assent yesterday)
"take forward a number of measures announced through the government's Red Tape Challenge, including changes so that in future civil claims for breach of health and safety duties can only be brought where it can be proved an employer has been negligent. It also establishes the principle that an employer should always have the opportunity, even where a strict duty applies, to defend themselves on the basis of having taken all reasonable steps to protect their employees"
Taken from:-
http://news.bis.gov.uk/c...=428955&NewsAreaId=2
Yes that's it. I was looking at the DWP website not BIS as I thought H&S came under them. Silly me.
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Rank: Super forum user
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The link is to a document dated 25th April...
I understood that it had received Royal Assent in April (after originally being kicked back by the Lords)... But the news release from BIS does not give any timescale for the H&S / red tape changes...
Some of the bits were enacted immediately (April). Some were schedule for 25th June others for October 2013 or April 2014. So... To echo the original query..
Does anyone have any idea where we are at the moment?
It seems to be a case of the usual confusion and misdirection. Come back the days when laws were written clearly, there was proper consultation, and people knew exactly where they stood! (May not have liked it, but knew it!)
Steve
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Rank: Super forum user
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Other than bits that came into force immediately - and those which were to come into force after twelve months - we are still awaiting the Sec of State to make an order by statutory instrument to determine when (if) S69 comes into force. In other words - no answer is yet available. I guess the Sec of State is awaiting a convenient slack news period (Unless news slipped out alongside the Royal Baby - or got buried under the Spanish train disaster.). Confusion and doubt. Fairly typical I would say.
So - the law definitely exists - but it has not been given a commencement date yet. And it will apply from date of breach rather than date of claim... So we'll still see a lot of 'negligence and/or breach of statutory duty' letters for some time after the Sec of State finally gets his finger out.
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Rank: Super forum user
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Lordy
When I asked the question I thought I'd get a simple answer but HMG like to make things complicated.
And then they blame the 'elf and safety monster'!
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Rank: Super forum user
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Sorry to resurrect this post - Commencement order number 3 was issued on 7th September - so Regulation 69 of the Enterprise and Regulatory Reform Act comes into effect on 1st October.... Tomorrow.
So no more 'negligence and / or breach of statutory duty....' claims for incident occurring from tomorrow onwards. It'll be interesting to watch developments.
There's a scathing commentary piece in the Scotsman at http://www.scotsman.com/...ess-protection-1-3117491 Apparently one of the law firms is referring this bit of law to the European Courts because they reckon it reduces workers rights - which is not permitted under Euro law... Ho hum.
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