By Stuart Snape, Managing Partner at Graham Coffey & Co. Solicitors

Workplace safety and employment rights are increasingly connected as legislative reforms redefine employer responsibilities. The Employment Rights Bill (ERB), alongside government employment law updates, strengthens worker protections by introducing “day one” unfair dismissal rights, restrictions on fire and rehire, and enhanced redundancy consultation requirements.

These changes create new legal and financial risks for industries with high accident rates, requiring employers to align safety policies with both HSE regulations and employment laws. In 2023/24, Great Britain recorded 135 workplace fatalities, with construction, agriculture, and manufacturing accounting for the highest numbers. The increased scrutiny on dismissals, contract changes, and workforce reductions means businesses must proactively manage workplace risks to avoid financial and reputational damage.

Legal Reforms and Employer Liability in High-Risk Industries

The ERB introduces changes with significant implications for workplace safety. Among them:

  • “Day one” unfair dismissal protection, removing the previous two-year qualifying period.
  • Restrictions on fire and rehire, requiring businesses to justify dismissals before rehiring under new terms.
  • Stronger redundancy consultation rules, making it mandatory to engage workers across all sites before redundancies.

These changes mean employers must take greater care when handling workforce adjustments, particularly in industries with high workplace accident rates. The removal of the unfair dismissal threshold makes it easier for employees to challenge terminations linked to workplace injuries or safety concerns. Employers can no longer rely on probation periods to reduce liability – any dismissal after a workplace accident must be fully documented and legally justified.

The fire and rehire restrictions also limit flexibility in enforcing safety procedures. Previously, businesses could adjust contracts to introduce new safety requirements, but formal consultation is now required. This is especially problematic in construction, logistics, and manufacturing, where safety risks evolve quickly. Businesses must integrate safety changes into workforce planning from the outset to avoid legal challenges.

The expanded redundancy consultation rules require greater workforce engagement, which can be used to identify and address safety concerns before job cuts take effect. Employers who treat redundancy consultations as an opportunity to reinforce safety standards will be in a stronger position to reduce accident risks and avoid legal disputes.

The Cost of Workplace Safety Failures Under New Regulations

The financial and legal risks associated with workplace accidents have increased, particularly for high-risk industries. The HSE’s latest figures confirm:

  • Construction: 45 fatalities in 2023/24, making it the most dangerous industry.
  • Agriculture: 21 fatalities, with a fatality rate of 7.61 per 100,000 workers—the highest of any sector.
  • Manufacturing: 14 fatalities, primarily due to machinery accidents and hazardous material exposure.

With the removal of the two-year unfair dismissal threshold, employees no longer need to meet a service period to challenge dismissals linked to workplace injuries. Employers must prove that a termination was justified and not retaliatory. Dismissals related to accidents, return-to-work disputes, or whistleblowing about safety issues will face immediate legal scrutiny.

Financial liabilities have also increased. Compensation payouts for workplace injuries are rising, and HSE fines for safety breaches can reach millions of pounds. Non-compliance with either employment or safety law can now lead to combined legal challenges, increasing costs and reputational damage.

Self-employed workers remain highly vulnerable. In 2023/24, 50 of the 138 workplace fatalities involved self-employed individuals, raising concerns about inconsistent safety standards. Although the ERB primarily protects employees, businesses must still meet duty of care obligations for contractors and freelancers. If a self-employed worker is injured while following an employer’s instructions, the company could still be held liable—particularly in construction, logistics, and agriculture.

Employers must review risk assessments, dismissal procedures, and workforce policies to prevent legal and financial exposure.

Fire and Rehire Restrictions and Workplace Safety Compliance

The Employment Rights Bill’s restrictions on fire and rehire change how businesses manage workforce contracts and safety-related policy changes.

Previously, employers could implement safety improvements – such as new PPE requirements or shift adjustments – by restructuring contracts. Now, all safety-related contractual changes must go through formal consultation, increasing the complexity of updating safety measures.

Industries with evolving risks, such as construction and manufacturing, must now plan safety discussions well in advance. Any changes to PPE requirements, high-risk job roles, or working hours must be backed by legal compliance and worker consultation.

Without a structured strategy, businesses risk non-compliance with HSE regulations, increasing exposure to fines and liability claims. Employers must integrate workforce engagement into long-term safety planning to prevent disputes and employment tribunal claims.

Redundancy Consultation Rules and Workplace Safety

The ERB’s redundancy consultation expansion affects more than just job security—it directly impacts workplace safety. Employers must now engage in collective discussions across all sites before redundancies, providing an opportunity to assess workplace safety risks.

Workforce reductions increase accident risks, particularly in construction, transport, and manufacturing, where fewer staff, reduced training, and heavier workloads increase hazards. HSE data confirms that understaffed workplaces have higher accident rates, particularly where critical safety roles – such as site supervisors – are removed.

Employers must now formally consider the impact of redundancies on safety compliance. Businesses that fail to address safety concerns in redundancy consultations may increase workplace risks and expose themselves to legal challenges.

Using redundancy consultations as a strategic opportunity to reinforce safety policies will help businesses avoid disputes while protecting workers.

Future Employment Law and Safety Regulations

The Employment Rights Bill is likely the first of several legal shifts affecting workplace safety. Employers must prepare for additional changes, including:

  • Stronger health and safety fines: the Sentencing Council is reviewing financial penalties for serious safety breaches, with potential fines exceeding £10 million.
  • Corporate manslaughter reforms: policymakers are considering expanded liability for directors in cases where safety failures lead to fatalities.
  • Enhanced whistleblower protections: new laws could strengthen rights for employees reporting unsafe conditions, increasing employer accountability.
  • Expanded sick pay protections: businesses may face higher costs for failing to address workplace injuries.

Employers must anticipate these changes, review policies, and update compliance frameworks before enforcement tightens.

What Injured Workers Need to Know

Recent legal changes mean stronger protections against unfair treatment, dismissal, or unsafe conditions for any employee who is injured at work. Employees no longer need two years of service to challenge a dismissal linked to a workplace injury. If the employer terminates a contract or changes the injured person’s role after an accident, legal action may be an option.

HSE regulations require employers to maintain a safe working environment, and failure to do so could entitle the employee to compensation for lost wages, medical costs, or long-term care. Self-employed and contract workers may also have claims if they were injured while working under an employer’s direction.

If an employee has raised safety concerns and faced retaliation, whistleblower protections provide legal grounds to challenge unfair treatment. Given the growing focus on employer accountability, seeking work accident legal advice early can help to assess options.