Thompsons Solicitors, the UK’s most experienced personal injury and employment rights law firm, has called on MPs to support an amendment to the Employment Rights Bill that would repeal section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA). The amendment, tabled by SNP MP Chris Law, represents a vital opportunity to restore fairness and justice for injured workers.
Section 69 of the ERRA stripped injured workers of their statutory right to claim compensation based on a breach of Health and Safety Regulations. Introduced under the Coalition Government, the provision forces injured workers to rely solely on the common law of negligence, requiring them to demonstrate that their employer was negligent.
“For more than a decade, section 69 has made it harder for injured workers to hold negligent employers accountable,” said Philip Liptrot, Head of Personal Injury at Thompsons Solicitors. “It has created an unjust imbalance that favours employers, leaving injured workers without the statutory protections they deserve.”
The financial toll of workplace injuries has risen sharply. In 2022/23, work-related injuries and illnesses cost the NHS nearly £1 billion, with an additional £2.81 billion spent on benefits payments. While workers and their families bear the brunt of these disruptions, insurers have reported soaring profits over the same period—a direct result of government policies that have benefitted insurance companies whilst systematically making it harder for injured individuals to seek justice and compensation.
Critics of the legislation argue that the introduction of section 69 meant that injured workers removed a clear and straightforward route to justice for injured workers who could rely on statutory health and safety regulations breaches to claim compensation. A framework that incentivised employers to prioritise safety, knowing that failures could lead to legal liability and therefore protecting many more workers than those who made claims.
Thompsons Solicitors supports those arguing that repealing section 69 would restore this critical safeguard, ensuring employers cannot evade accountability for putting workers at risk.
Philip Liptrot, continued: “Repealing section 69 is not just a legal necessity; it is a matter of social justice. Safe workplaces mean fewer injuries, lower costs to the NHS, and a fairer society where workers can seek redress when harmed.
Since its inception, Thompsons has opposed section 69, recognising its chilling effect on workers’ ability to access justice. In 2013, we warned of the significant barriers this legislation would create for injured workers, and we urge MPs to act now. Chris Law’s amendment is a crucial chance to restore justice, ensure safer workplaces, and demonstrate a genuine commitment to the rights of working people across the UK.
“We have already seen the consequences of a government prioritising deregulation over worker protections. The repeal of section 69 is a crucial step toward restoring balance and fairness in workplace injury claims.”
Thompsons Solicitors urge MPs to support Chris Law’s amendment to the Employment Rights Bill and repeal section 69 of the ERRA. This amendment is a chance to restore justice, ensure safe workplaces, and demonstrate a commitment to the rights of working people across the UK.