Workplace Definition

GLOSSARY

What does Workplace mean?

Any place that is not a domestic residence which is made available to any person for the purposes of work.

Parts of property and access to workplaces are considered part of the workplace. The Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004 require that floors and traffic routes are kept clear of obstructions and that it is adequately maintained.

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FCA consultation paper tracker—2019 [Archived]

FCA consultation paper tracker—2019 [Archived] This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2019, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper trackers. For details of Prudential Regulation authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker [Archived] • FSA consultation paper tracker [Archived] Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/Handbook Notice BrexitAuthorisation, approval and supervisionComplaints, compensation and claims managementRegulation of capital marketsPayment services and systems Regulation of personal pension and stakeholder products CP19/33: Quarterly Consultation No 26 The Financial Conduct Authority (FCA) has published Quarterly Consultation Paper No 26 (CP19/33), in which it consults on proposed miscellaneous amendments to the FCA Handbook:—clarification of the rules relating to Financial Services Compensation Scheme claims against appointed representatives and principals—changes to the Listing Rules’ requirements, which cross-refer to the Prospectus Regulation, for information to...

Pre Inquest Review (PIR) hearings—checklist

Pre Inquest Review (PIR) hearings—checklist It has become commonplace to hold a pre inquest review hearing (PIR) or several if deemed necessary to ensure the case is managed efficiently and to resolve an evidential issues which may occur. Rule 6 of The Coroners (Inquests) Rules 2013 (CIR 2013) gives the coroner statutory authority to hold a PIR 'at any time during the course of an investigation'. If the coroner does not take the initiative to arrange one, those representing the interested persons (IPs) should call for a PIR to be listed. The Chief Coroner’s guidance states that PIRs should be held in complex investigations. The function of a PIR is comparable to a Case Management Conference in civil litigation or a Plea and Trial Preparation Hearing in the Crown Court. For information on preparing for an inquest, see Practice Note: How to prepare for an inquest. PIRs should be held in public and details of the PIR should be published in advance on the coroner/local authority website to...

Accidents caused by a failure to manage the workplace

Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents occurring from that date, civil liability no longer arises from a breach of health and safety statutory duty unless the relevant regulation provides for it.Practitioners now have to prove the common law of negligence. While it will no longer be appropriate to base a claim on the breach of a regulation, claimant practitioners are very likely to still refer extensively to the relevant statutory provisions (or at least recite what they say) as setting out the standards of care expected. Indeed, in many cases the regulations can be referred to (in statements of case) as setting out procedures for the identification and assessment of risk and the implementation of measures in the light of the assessment.Claims should be based in negligence, relying on breach of a regulation as evidence of the negligence. The claimant will (usually) need to prove that the defendant failed to take...

Accidents caused by the workplace environment

Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974). In relation to accidents occurring at work from 1 October 2013, civil liability will no longer arise from a breach of statutory duty unless the relevant regulation provides for it. The Workplace (Health, Safety and Welfare) Regulations 1992 (W(HSW) Regs 1992), SI 1992/3004 do not provide for civil liability to arise from a breach. In the circumstances, claimant practitioners are left to rely on a breach of a workplace regulation as support for a claim in negligence.The regulations are of greatest relevance and use to claimant practitioners where they set out a framework of steps or measures required of an employer to ensure safety. The most obvious example is in those provisions which set out a ‘hierarchy’ of measures, typically of the assessment of risk, followed by steps to be taken to minimise identified risks. They...

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Policy—Coronavirus (COVID-19) vaccination [Archived]

Policy—Coronavirus (COVID-19) vaccination [Archived] 1 Introduction 1.1 This policy sets out the Company’s approach to staff vaccination against coronavirus (COVID-19). It supplements, but does not replace, the Company’s health and safety[, coronavirus workplace safety] and sickness absence policies. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 This policy has been written [following discussions OR in consultation] with [the recognised trade union OR employee representatives OR a representative group of employees]. 1.5 The information set out in this policy is taken from guidance on the NHS and other government websites that are updated frequently. While we will try to keep this policy up-to-date, we strongly recommend that all staff familiarise themselves with the relevant NHS and other guidance and check regularly for updates. We will also issue updates to staff, typically by email, if changes to the government guidance affect this policy....

Policy and procedure—whistleblowing

Policy and procedure—whistleblowing 1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. 1.2 The Company takes malpractice very seriously. We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ The Company will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.3 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. 1.4 It does not matter if an individual who raises a concern is mistaken about it—staff do not have to prove anything about the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.5 This...

Dive into our 142 Precedents related to Workplace

Does an employer have to allow paid or other leave when an employee suffers a family bereavement?

Does an employer have to allow paid or other leave when an employee suffers a family bereavement? There is no specific statutory right to paid or unpaid time off for compassionate leave, except in the limited circumstances set out in the statutory right to time off for dependants (sometimes known as 'emergency leave'). However other statutory provisions may dictate the manner in which an employer responds in circumstances where an employee suffers a bereavement and these are discussed below. The first step is to check whether the employer already has in place a bereavement policy or another policy (such as a compassionate leave policy, an absence from work policy, or leave policy) which covers the situation. The employer should obviously follows the terms of, and guidance in, any such policy. Right to unpaid time off for dependants Although not amounting to as much as a right to bereavement or compassionate leave, there is a statutory right for employees (not workers) to reasonable unpaid time off to care for 'dependants'...

If an employer has concerns about an employee’s mental health, can the employer compel the employee to take annual leave?

If an employer has concerns about an employee’s mental health, can the employer compel the employee to take annual leave? The right for an employee to take time off from work for holidays may arise under contract or statute. While the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 provide for a minimum entitlement to holiday, an employee or worker's contract may entitle them to more generous holidays. For further information, see Practice Note: Dealing with stress and mental ill health in the workplace, in particular the main sections dealing with ‘Statutory holiday entitlement’ and ‘Contractual holiday entitlement’. Stipulating when an employee must take holiday The WTR 1998 permit an employer to specify when during the year holiday must be taken (eg during an annual shutdown period), or when it cannot be taken (eg at the financial year end or in busy retail periods) (see WTR 1998, SI 1998/1833, reg 15(2)). The WTR 1998 set out a procedure and timescales for the employer to notify the employee when it does...

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Corporate Crime weekly highlights—17 October 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the positive change that the UK’s new failure to prevent fraud offence may bring in targeting corporates who profit from the crime, of the implications of the first FCA crypto ATM crackdown and of the new duty for employers to prevent sexual harassment in the workplace. Also included is news of the launch of OTSI and the announcement of a new service to apply for sanctions licences for trade services, of certain provisions of the Investigatory Powers (Amendment) Act 2024 coming into force and of the updated guidance from the G7 on preventing Russian evasion of export controls and sanctions. All this, and more, in this week’s Corporate Crime highlights.

Public Law weekly highlights—17 October 2024

This week's edition of Public Law weekly highlights includes the Attorney General’s plans to change legal risk guidance for government lawyers, the Supreme Court’s judicial review judgment in McAleenon, commencement of and a consultation about the Investigatory Powers (Amendment) Act 2024, the Product and Metrology Bill and two Bills to reform the House of Lords. This weekly highlights also includes further updates on Brexit highlights, Brexit SIs, Post-Brexit transition guidance, the Dawn Sturgess Inquiry, Subsidy control and State aid, Public procurement and Equality and human rights.

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GLOSSARY