What the Employment Rights Act Means for Your Safety Strategy

The Employment Rights Act 2024 received Royal Assent last month, marking what the government calls "a modern framework for workers' rights." There are some key elements which we really ought to be aware of as health and safety professionals. The legislation will cause a real shift in how we approach worker wellbeing and enforce workplace standards across the entire UK workforce. Here’s the breakdown.

How the Employment Rights Act 2024 Influences OSH Professionals

The Act addresses power imbalances that have long complicated our efforts to maintain safe workplaces. Zero-hours contracts, covering over 1 million workers, will face restrictions against exploitation. Workers gain rights under contracts that reflect actual hours worked and compensation for cancelled shifts. Here are some of the features of the act as a quick executive summary:

• An end to exploitative zero-hours contracts.
• An end to unscrupulous ‘fire and rehire’ and ‘fire and replace’ practices.
• ‘Day 1’ rights to paternity leave, unpaid parental and bereavement leave.
• Enhanced protections against dismissal for pregnant women and new mothers.
• Strengthened collective redundancy rights.
• Strengthened Statutory Sick Pay by removing the lower earnings limit.
• Establishment of the Fair Work Agency.

The issues resolved by the bill will affect us, as precarious employment correlates strongly with underreported injuries and reluctance to raise safety concerns.

Strengthened protections for pregnant workers and enhanced dismissal safeguards recognise what we as a profession have understood for decades: vulnerable workers need robust protections to speak up about hazards without fear of retaliation.

Day One Rights and Safety Culture

Workers now gain crucial protections from day one rather than waiting years. This includes paternity leave for 32,000 more fathers annually, unpaid parental leave for 1.5 million additional parents, bereavement leave for up to 2.7 million employees yearly, and unfair dismissal protection after six months instead of two years.

From a safety perspective, workers who fear dismissal don't report near-misses, challenge unsafe practices, or use safety equipment if they believe it will slow production. Shortening the protection threshold creates a culture where new workers can raise concerns without jeopardising their livelihoods.

Statutory Sick Pay as Risk Management

The Act removes the lower earnings limit for Statutory Sick Pay, extending coverage to 1.3 million workers.

When workers can't afford to stay home whilst ill, they present at work, contagious or physically compromised. Workers operating machinery, handling hazardous materials, or providing care services whilst unwell create risks to themselves, colleagues, and the public. Extending sick pay will prompt more pragmatic risk management that prevents incidents before they occur, because of the increased penalty.

Sexual Harassment | Prevention Over Reaction

The Act requires employers to take "all reasonable prevention steps" against sexual harassment, with related non-disclosure agreements rendered void. This aligns harassment protections with how we approach physical hazards, through risk assessment, control hierarchies, and proactive intervention rather than reactive complaints.

Employers will need documented policies, training programmes, clear reporting mechanisms, and regular reviews. The difference is that non-compliance no longer ends with a quiet settlement but with tribunal exposure and reputational damage.

The Fair Work Agency | Unified Enforcement

Launching in April 2026, the Fair Work Agency combines enforcement of agency rules, national minimum wage, holiday pay, gangmaster licensing, and serious labour exploitation under one roof, with powers to bring tribunal claims directly.

OSH professionals have long called for this. The current fragmented system creates gaps that unscrupulous employers exploit. Workers suffering wage theft often face unsafe conditions too, yet agencies lack the holistic view to tackle both simultaneously. The FWA's civil penalty regime represents a step change, particularly benefiting sectors where workers are least likely to pursue individual claims: agriculture, construction subcontracting, and hospitality.

What OSH Professionals Should Do Now

The two-year implementation period requires active engagement. Review your organisation's approach to zero-hours contracts, sick pay provisions, and harassment prevention now. Build business cases showing these are risk controls that reduce absenteeism and improve productivity. Most importantly, engage in government consultations. The Act's success depends on practical regulations, and OSH professionals possess the technical expertise needed for these consultations.

Over the next two years, we have an opportunity to extend the rigour we've applied to physical hazards to economic exploitation, harassment, and psychological hazards. It's precisely what our profession exists to do.

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