Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021
(3 years ago)
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Baroness Bloomfield of Hinton Waldrist
That the Grand Committee do consider the Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021.
Baroness Bloomfield of Hinton Waldrist (Con)
My Lords, I beg to move that the order, which was laid before the House on 17 March 2021, be approved.
I want to begin with some important background to this statutory instrument. The UK is unique in having three employment statuses for employment rights—self-employed, limb (b) worker and employee—when most other countries, including in the EU, have two: self-employed and employee. Those in the category of workers known as limb (b) workers have a more casual employment relationship than employees and are entitled to a basic set of rights, such as minimum wage and holiday pay. The limb (b) worker employment status allows for much-needed flexibility in the labour market.
Sections 44(d) and 44(e) of the Employment Rights Act 1996, which implements the EU health and safety directive into domestic law, gives employees the right not to be subjected to detriment by their employer for leaving or refusing to return to their workplace. It also gives employees the right not to be subject to detriment for taking steps to protect themselves or others in circumstances of danger that they reasonably believe to be serious and imminent.
Moving on to what this statutory instrument does, in May 2020, the Independent Workers’ Union of Great Britain brought a judicial review against the Secretaries of State for the Department for Work and Pensions and the Department for Business, Energy and Industrial Strategy. Following comprehensive proceedings, the High Court found in November 2020 that the UK had not fully implemented the EU’s health and safety framework directive into domestic law in Section 44 of the Employment Rights Act 1996, concluding that some protections were available only to employees while the court held that they should also extend to limb (b) workers.
The claim succeeded only in part: the court accepted that the UK was not required to extend unfair dismissal to limb (b) workers and had properly implemented the general obligations of the health and safety framework directive. The Government accepted this judgment and are therefore proposing this order, which will extend these protections from detriment in health and safety cases to all workers, not just employees—as had previously been the case. The court also held that the Personal Protective Equipment at Work Regulations 1992 should also be extended to limb (b) workers. I am assured by officials at the Health and Safety Executive that work is under way to consult and extend these regulations to all workers through an additional statutory instrument due to be laid later this year.
These important protections have proved even more essential for employees who have continued to work throughout the pandemic and for those who are returning to work as businesses emerge from lockdown. It ensures that employees have the legal protection that they need to act to ensure their own safety and the safety of others without fear of suffering detriment for doing the right thing. This includes protecting them against being denied promotion or training opportunities.
Having considered the court judgment, we agree that limb (b) workers should also benefit from these protections. This does not represent a major change as limb (b) workers represent a small share of the workforce. However, that does not make it less important, as these workers will undoubtedly have a significant role to play in our economic recovery from the Covid-19 pandemic. That is why the Government would like to clarify the UK’s understanding of the health and safety framework directive by amending Section 44 of the Employment Rights Act 1996.
This Government are committed to protecting workers’ rights and supporting workers through the challenges created by the Covid-19 pandemic, making the UK the best place in the world to work. Clarifying our interpretation of this directive in the light of the High Court judgment will mean that more people are protected by these provisions.
On scope, the changes made to Section 44 of the Employment Rights Act in this SI will apply in England, Scotland and Wales. Employment law is devolved in Northern Ireland. However, we have discussed this statutory instrument with the Northern Ireland Administration; they have laid legislation to the same effect, which will come into operation in parallel subject to the Northern Ireland Assembly procedure.
Given that limb (b) workers represent a small share of the workforce, the direct cost to business of this change is expected to be very low. We also do not expect the amendments to have a significant and disproportionate cost or impact in any region across England, Scotland and Wales.
In conclusion, this change is necessary to clarify the Government’s interpretation of the health and safety directive. It will ensure that all workers are covered by these protections and that we build back better from the pandemic by maintaining the highest standards when it comes to workers’ rights in the UK labour market. I therefore commend this order to the Committee.
Lord Blunkett (Lab)
I thank the Minister for her explanation of what she quite rightly describes as a small but important change. I congratulate the Independent Workers’ Union on its court victory and the work done in relation to tackling what is not a new challenge but something that emerged many years ago with the lump, the dock labour schemes and the challenges of ensuring that those who were not self-employed but not directly and fully employed obtained the rights that the rest of the nation and employees take for granted.
Thinking back to my time as Work and Pensions Secretary, it is strange that we always assumed that workers and employees were one and the same thing. It has to be said, I had never come across “limb (b)” before. I hope I do not again, because I do not find it a very attractive proposition. With the vast changes now taking place in the labour market, securing rights for these workers—who, strictly speaking, are not employees, at least at the moment, but have the partial rights that employees have—needs to be taken with the view of what is happening, the challenges that will come and the way in which people find themselves in a kind of limbo.
I hope that, when she winds up, the Minister will concede that there is still much to be done; for instance, on the TUPE, or transfer of undertakings, rights of these workers—let us call them limb (b) workers—where there is a change of owner of the company that, strictly speaking, employs these workers, whose health and safety rights we are securing today with this clarification arising from the court judgment last November.
It is important that we get on the record that there is still work to be done in this area. I note that there will be a further statutory instrument later in the year, but it would be really helpful—given the Minister’s welcome commitment to workers’ rights in the context of being a great country in which to work and to be employed—if we indicated that consideration of these further areas is being undertaken. This will ensure that the flexibility in the workforce that she described morphs into something more acceptable in terms of the Ubers of this world, and that those who find themselves working in entirely different ways to the past—sometimes knowingly and with their consent, sometimes because of necessity and without their wholehearted willingness to do it—obtain the rights and privileges that others have.
The better off you are, the more lucrative your employment is likely to be and the more likely you are—until you reach the dizzy heights of portfolio working—to have really secure conditions and effective rights. Of course, the corollary at the other end of the spectrum is that you do not. Those who have are once again given unto, and those who have not sometimes see the little they have taken away. I hope that the Minister will reflect on this in responding.
Lord Bourne of Aberystwyth (Con) [V]
My Lords, it is always a great pleasure to follow the noble Lord, Lord Blunkett, who clearly knows a thing or two in this area, not least from his time as Secretary of State for Work and Pensions. I thank my noble friend Lady Bloomfield for setting out so clearly the effect of the order. There is a particular significance in these provisions. At the moment, the effect of the order is to extend protection, or to recognise the extension of protection, which according to the law—and I agree with it—should have been there anyway, to workers as well as to employees, or limb (b) workers as they are termed. Like the noble Lord, I do not particularly like the term.
Many of those workers will be working in the gig economy, and they will now share the right not to be subjected to a detriment if they leave their workplace or refuse to return to it because they believe that they are in serious or imminent danger. This could be, for example, protection from disciplinary action or suspension of pay. Thus if a worker were reasonably to believe that Covid-19 posed a serious and imminent danger, refusing to return to work would be protected. That seems to me entirely right.
As my noble friend noted, in the case involving the Independent Workers Union of Great Britain last year, the High Court recognised that many members of the union who are in the gig economy, often acting as private-hire drivers or couriers and providing essential services during the pandemic and who have been feeling at risk, should be protected by these provisions along with people who have contracts of employment. Such feelings could be due to inadequate PPE, for example, or failure to implement social distancing by particular businesses, making workers fearful of their position.
These regulations may therefore be much used as we emerge from lockdown, despite the R rate coming down. I hope they will help highlight the importance of social distancing and hygiene as we emerge from the shadow of Covid. I applaud the Government for being committed to updating the legislation and taking this action following the court case—quite rightly.
What are Her Majesty’s Government doing to ensure that appropriate publicity is given to this measure? Specifically, what are HMG doing to ensure that trades unions, employers’ organisations, citizens advice bureaux and other relevant organisations are prepared for the coming into effect of these provisions at the end of May this year?
Lord Hendy (Lab) [V]
My Lords, I join the applause for the Minister and the Government for introducing this statutory instrument, but the Government need to go further than this limited extension of rights. They should also remedy the unjustifiable exclusion of various classifications of workers for other key rights. A worker’s legal status determines the suite of rights to which she is entitled. Many employers seek to arrange for their workers the status to which the fewest rights attach—hence the profusion of litigation, most recently in Uber and in the case brought by the IWGB as to what the status of given workers is. The law on workers’ status is both complex and illogical, a situation that benefits only employers and lawyers.
There are now in fact five classifications of worker, by which I mean those who earn their living by supplying their labour to another. They are: the employee, with full statutory rights; the limb (b) worker, with limited statutory rights—this designation relates to Section 230(3)(b) of the Employment Rights Act; the false self-employed worker, with next to no statutory rights; the personal service company worker, who has no statutory employment rights other than hypothetically against the company of which she is the owner; and, lastly, the genuinely self-employed, in business on her own account with her own customers or clients but without statutory employment rights.
We need legislation to sort this out which adopts a binary solution, with, on one side, workers entitled to all statutory employment rights and, on the other, those genuinely self-employed, in business on their own account with their own customers or clients. I hope the Minister will tell us that the long-awaited employment Bill will do that and that it will be announced in the Queen’s Speech in May. In case not, I have entered such a Bill in the Private Members’ Bills ballot. Otherwise, anomalies will persist, as this statutory instrument shows. It gives protection against detriment for refusing dangerous work to both employees and limb (b) workers, but protection against dismissal for the same refusal—Section 100 of the Employment Rights Act—is reserved to workers only while limb (b) workers remain excluded.
Baroness Ritchie of Downpatrick (Non-Afl) [V]
My Lords, it is a pleasure to follow the noble Lord, Lord Hendy, who is very knowledgeable from his legal background in employment law. I thank the Minister for her explanation of the regulations, which I welcome. I welcome the extension of the protection to workers as well as employees, but, like the noble Lords, Lord Hendy and Lord Blunkett, I believe there is a need to go further.
There is a belief that by making only this limited change the Government have failed to address other, similar shortcomings in the law that disadvantage a vulnerable group of workers. While supporting these regulations, I, like other noble Lords and the TUC, believe that the Government need to go further. They should also remedy the improper exclusion of workers from other key rights, which should include protections when a business is taken over and rights to collective consultation in redundancy situations that have been the subject of legal cases.
There is now an important opportunity to remedy some key unfairnesses in UK employment law that disadvantage many of the most exposed members of our workforce. Limb (b) workers should be accorded the same basic rights as employees. What steps will the Government take to remedy this anomaly in future legislation—perhaps bringing forward an employment Bill in the Queen’s Speech? This issue has become more apparent during the pandemic because many limb (b) workers have limited employment rights. They include carers, food delivery workers and parcel delivery workers. Many of these people have been the backbone of our economy during the pandemic and have been most exposed to the risks of Covid. They took many risks and placed their health and security in jeopardy. It is important that they are not forgotten as the UK rebuilds its society and economy.
It is worth noting that an employment tribunal recently found, in a non-binding judgment, that a limb (b) worker falls within the scope of “employee” for the purposes of TUPE, something that has already been referred to by the noble Lord, Lord Blunkett. What legislative steps will the Government take to address this anomaly in relation to the TUPE rights highlighted by that tribunal?
Baroness McIntosh of Pickering (Con)
My Lords, I am delighted to follow the noble Baroness, Lady Ritchie. I join in the thanks to my noble friend the Minister for her clear and comprehensive introduction to the regulations.
Like the noble Lord, Lord Blunkett, I had not been familiar with the term “limb (b) workers”, but I recall that when I was first elected as a Member of the European Parliament there was a group of workers—known at the time, as I understand it, as agency workers —who gave rise to particular concerns. I believe that that has now been addressed in both UK and European legislation. There was a particularly tragic case where a worker from Essex went to work on a site in Germany which had dangers and, very sadly, was fatally injured. That was a catalyst for changing those regulations to make sure that agency workers were brought within the remit.
I welcome the regulations and want to pursue a couple of questions with my noble friend—I would be grateful for her response. If I understood her correctly, she said that the rights extended to limb (b) workers were restricted. I think I heard her say that there would be minimum rights and holiday pay. To what extent might other statutory rights be extended? I imagine that minimum rights include sick pay and other statutory rights that any worker is entitled to.
Secondly, in what regard can limb (b) workers be equated to or differentiated from zero-hour contract workers where they are excluded from other rights—if not in respect of danger—to which permanent and full-time workers are entitled? I entirely endorse my noble friend’s desire for a flexible workforce, and I know that there are many part-time workers, particularly women, who may be returning to work either having had a child or having completed caring duties for parents and other relatives. It is in the interest of the Government and especially employers to ensure that we are deemed to be as flexible as possible.
I thank my noble friend for bringing forward these regulations. It is important that we bring limb (b) workers within the terms of reference as set out in the court judgment. I will be delighted to lend the regulations my support.
Lord Bhatia (Non-Afl) [V]
My Lords, as the Explanatory Memorandum states, this SI has been prepared by the Department for Business, Energy & Industrial Strategy, or BEIS. It amends Section 44 of the Employment Rights Act 1996. The Act currently gives employees the right not to be subjected to a detriment by their employer for leaving or refusing to return to their workplace or for taking steps to protect themselves in circumstances of danger which they reasonably believe to be serious and imminent. This amendment will repeal Section 44(1)(d) and (e) and insert a new provision at Section 44(1A) which will provide other employees and limb (b) workers with the right not to be subjected to detriment in health and safety cases. The territorial application of this instrument is to England, Wales and Scotland.
Following the judicial review brought by the Independent Workers’ Union of Great Britain against the Secretaries of State for BEIS and the Department for Work and Pensions, this order is being introduced in response to the High Court’s judgment. The High Court found that the UK had failed to fully implement two EU directives in domestic law, as protections were applied only to employees, while the court held that they should also extend to limb (b) workers. Limb (b) workers tend to have a more casual employment relationship and are entitled to a basic set of rights such as the minimum wage and holiday pay.
As a result of the High Court judgment, the Government have committed to updating the legislation quickly to ensure clarity as to workers’ rights and will consult directly key trade unions, ACAS and the citizens advice bureaux in preparation for employers and workers contacting their organisations.
This is an important instrument to protect workers from bad employers who have used zero-hours contracts and other tactics to exploit workers.
Baroness Gardner of Parkes (Con) [V]
My Lords, having served for a number of years—about 20 I think—as a member of an industrial tribunal, I have a particular interest in this subject. I read with interest yesterday a Times article headed, “U-shaped pandemic jobs crisis hits older and younger workers”. My comments today focus on what steps the Government can implement to help workers, whether employees or limb (b) workers, in the current climate and beyond.
It is clear that those over 50 years old, and the 16-24 age category, are being hit by job losses at a greater rate than the others. While some of these jobs may return, many will do so in the gig economy as flexible workers rather than as employees. In some cases—mostly the youngsters—this may suit the person in question; but in many cases, it is all that is on offer, so workers have a stark choice. The changing nature of our workforce needs to be reflected in legislation and move with the times. We ought not to see permanent employee jobs replaced with flexi-workers just to avoid employment rights and protections. I fear that as furlough ends, we will see many employers looking for this softer option. Today’s order recognises the rights of workers to protections currently afforded to employees, and I urge the Government to look beyond this to see what else they could introduce to help people as we emerge from this pandemic.
Baroness Bennett of Manor Castle (GP) [V]
My Lords, it is a pleasure to follow the noble Baroness, Lady Gardner of Parkes. We make up what might be called one of the smaller unions in your Lordships’ House, being the two Australian-born women in it. It is seldom that I can with so few qualifications welcome a statutory instrument in Committee. It is such an important statutory instrument for workers who have been trapped in often low-paid, dreadfully insecure, exploitative employment, fearing for their safety. When this comes into effect, they will be in a better position.
The background to this statutory instrument is interesting. Huge credit, as others have said, goes to the International Workers’ Union of Great Britain, with subsidiary credit to our judges, increasingly forced into defending the legal rights of the vulnerable in our society against the inaction—or outright oppressive action—of the state and big business. Of course—dare I say it—credit also goes to the two EU directives that the court held should also extend to those who are known as limb (b) workers.
The chief credit, however, goes to the International Workers’ Union, with which I have been delighted and honoured to work with for many years, from some of the delightfully musical protests with the University of London cleaners to the ground-breaking pickets by City Sprint bicycle couriers back in 2015. Seldom have I used the hashtag “campaigning works” with the good- news hashtag with such pleasure as in this case.
However, given the general level of agreement in this debate, and the clear legal framework here, this seems an appropriate time to ask the Minister about the Government’s plans for further protections for workers—about which the noble Lord, Lord Hendy, was inquiring —particularly insecurely employed workers and particularly in the light of the Covid-19 pandemic, as a number of noble Lords alluded to, that has left so many workers in a parlous and desperate financial situation, making them even more vulnerable to exploitative employers.
Given the important role of that innovative union in securing this statutory instrument, what consideration have the Government given to removing some of the restrictions that make the UK the most difficult place for workers to organise in western Europe—a situation that has existed for decades under Governments of multiple political hues? Given the low pay and un-unionised status of workers in some of the most deprived areas of the nation—South Yorkshire, with its low wages and high levels of job insecurity, comes to mind—strengthening the possibility for unions to co-ordinate and organise workers and secure their rights would be a positive way forward in delivering the Government’s levelling-up agenda.
Lord Bradshaw (LD) [V]
My Lords, we have heard some very interesting speeches, a number of which have focused on the position of workers at the bottom of the pile—I do not like the term limb (b) workers any more than anyone else. The Government must ask themselves what sort of society might emerge if we allow a large proportion of the workforce to be sunk in a situation where they do not earn enough money to afford a house or put any money away for a pension. In the end, these things will come back to haunt the Government, unless they intend—I hope they do—to bring forward some sort of employment rights measure. I would not go as far as the noble Baroness, Lady Bennett, in my description of what is necessary, but I think most workers who are doing a good job are entitled to a certain amount of security and protection in what they do, and to enjoy holidays and other benefits that their colleagues enjoy.
So I hope that, in summing up, the Minister will give us some indication, as the noble Lord, Lord Hendy asked, that there will be something in the Queen’s Speech which will put our employment rights legislation on a better footing than it now is.
Lord Lennie (Lab) [V]
My Lords, limb (b) workers, which this instrument relates to, can be found in any sector, but, as we have heard, they are particularly common in the gig economy. The TUC estimates that one in 10 adults—about 4.7 million people—engage in gig economy work. It can be fragile, insecure work, with one-sided flexibility. Working people need a Government who will stand behind them, not a Government who fail to protect them or who correct mistakes far too late.
This statutory instrument represents a failure of government: a failure to ensure that workers have the same rights as before Brexit, and a failure to protect workers during a pandemic. These changes were made only following a judicial review brought by the International Workers’ Union for Great Britain against the Government, in which the High Court found that the UK had failed fully to implement two European Union directives in domestic law, as protections were applied only to employees when they should have been extended to limb (b) workers.
This instrument proposes amendments to Section 44 of the Employment Rights Act to correct this mistake and extend the right to protection from detriment to limb (b) workers if they are in circumstances of danger when coming to and going from work. I want to understand from the Minister, first, why the Government, during a pandemic, wanted to take a case concerning the health and safety of workers to the High Court. Can the Minister confirm when the Government were first made aware of the issue with implementation? How much did the court case, which the Government lost, cost the taxpayer?
Sadly, this mistake is being only partially rectified today. The EM states:
“Work is also underway to consult and extend The Personal Protective Equipment at Work Regulations 1992/2966 to all workers through an additional statutory instrument due to be laid later this year.”
Why has this not been a priority? When will the regulations be published?
Such a mistake cannot happen again. Therefore, will the Government conduct a review into the implementation of all EU directives concerning workers’ rights which are retained in domestic law to ensure the rights have not been diluted? We need insecure workers to be properly protected, so I hope the Government will bring forward their long-delayed employment Bill straight after the Queen’s Speech.
Baroness Bloomfield of Hinton Waldrist (Con)
I thank noble Lords for their valuable contributions to this debate. I am glad there is broad agreement in this Committee that the UK has a strong record for setting high standards on workers’ rights. We have always been clear that we will continue to ensure that workers’ rights are protected. We are proud of our limb (b) worker status, which allows much-needed flexibility in the labour market while providing “day one” workers’ rights and protections, which undoubtedly will have a significant role to play in building back better from the Covid-19 pandemic.
This statutory instrument will ensure that all workers are protected from detriment in health and safety cases in the workplace. In particular, this includes having the right not to be subjected to detriment by their employer for leaving or refusing to return to their workplace. It also includes the right not to be subjected to detriment for taking steps to protect themselves or others in circumstances of danger which they reasonably believe to be serious and imminent.
I thank the noble Lord, Lord Blunkett, for his thoughtful and supportive contribution which, as always, was well informed by his experience. There is always a delicate balance to be struck between protecting the rights of workers while retaining the flexibility of the labour market that makes the UK an attractive place to do business.
The UK has a strong record for setting high standards on workers’ rights and we have always been clear that we will continue to ensure that workers’ rights are protected. As laid out in our manifesto, we will bring forward measures, when parliamentary time allows, to establish an employment framework that is fit for purpose and keeps pace with the needs of modern workplaces.
My noble friend Lord Bourne of Aberystwyth asked about government plans to ensure the change is publicised. We have plans to engage organisations to publicise the amendment and help businesses and individuals understand the new regulations. In particular, we have plans to engage ACAS and Citizens Advice. We have also engaged the CBI, TUC and IWGB following the laying of this legislation.
The noble Lord, Lord Hendy, asked about legislation to resolve employment status and when the employment Bill will be introduced—a question asked by a number of noble Lords. The rationale for having a separate limb (b) worker status for rights is that it allows, as I have said, for increased flexibility in the labour market. A limb (b) worker has fewer obligations and responsibilities to their employer and, as a result, they are entitled to a basic set of rights, including national minimum wage and holiday pay et cetera, rather than the full suite that employees get.
We are clear that any reforms we bring forward will require us to consider the needs of our labour market today. This is why we continue to work with stakeholders to understand the needs and challenges of modern workplaces to ensure that our vision of a labour market is fit for purpose. The reforms will form part of the Government’s plan to build back better, enabling a high-skilled, high-productivity, high-wage economy that delivers on our ambition to make the UK the best place in the world to work and grow a business. We intend to bring forward the employment Bill when parliamentary time allows.
The noble Baroness, Lady Ritchie of Downpatrick, asked about the Government’s legislative plans. I thank the noble Baroness for her useful contribution on the important topic of TUPE. I will have to write to the noble Baroness on this topic because I do not have enough briefing to give a sensible response at this stage. I have laid out our commitment to the employment Bill already, which we will bring forward when parliamentary time allows.
My noble friend Lady McIntosh of Pickering asked to what extent other rights would be extended to limb (b) workers and how limb (b) workers could be equated to or differentiated from zero-hours contract workers. Zero-hours contract workers have a part to play in a modern, flexible labour market. They help support business flexibility and provide choice and opportunity of employment for young people, students, those with caring responsibilities or those wishing to retire early.
These contracts are useful where work demands are irregular or where there is not a constant demand for staff. Some types of work are driven by external factors that are out of the employer’s control. This can happen in a range of sectors, including, for example, hospitality, leisure and catering. However, they should not be considered an alternative to proper business planning and should not be used as a permanent arrangement if it is not justifiable. An individual’s employment rights are determined by their employment status and not the type of employment contract they have, such as a zero-hours contract.
My noble friend Lady Gardner of Parkes asked what else can be introduced to help workers as we emerge from the pandemic. The Government are committed to bringing forward an employment Bill that will help us to build back better. This will enable a highly skilled, productive workforce and ensure that the flexibility of the labour market is not impeded by any encroachment on workers’ rights.
Since the publication of the Good Work Plan, the Government have made good progress in taking forward a range of commitments that support our flexible labour market while ensuring the protection of workers’ rights. These have included measures such as: extending the right to a written statement of core terms of employment to all workers; quadrupling the maximum fine for employers who treat their workers badly; closing a loophole that sees agency workers employed on cheaper rates than permanent ones; introducing key information documents that give agency workers more information about how they may be engaged and paid before they join an agency; and reforming rules to align the incentives of employers and workers when applying for and taking annual leave.
We have also banned the use of exclusivity clauses in zero-hours contracts to give workers more flexibility. This means that an employer cannot stop an individual on a zero-hours contract looking for or accepting work from another employer. It also prevents an employer stipulating that the individual must seek their permission to look for or accept work elsewhere.
We have provided unprecedented support to workers throughout the Covid-19 crisis. So far, the furlough scheme has helped 1.2 million employers to pay the wages of 9.9 million jobs across all sectors of the economy.
The noble Baroness, Lady Bennett of Manor Castle, asked about plans for further protections for workers, especially those in insecure employment in the light of the pandemic. The Government recognise concerns about employment status and are considering options to improve clarity, making it easier for individuals and businesses to understand which rights apply to them.
The noble Lord, Lord Lennie, asked about the IWGB case in the High Court, including how much the case cost the taxpayer and when the Government were first made aware of it. He also asked about the PPE regulations. It is right that the courts were able to consider all details of the case before coming to a conclusion. The claim succeeded only in part: the court accepted that the UK was not required to extend unfair dismissal to limb (b) workers and had properly implemented the general obligations of the health and safety framework directive. The Government chose not to appeal the judgment and are clarifying their understanding of the EU directive when transposing into domestic law.
The amendment to the PPE at work regulations contains a legal duty to consult, which is why we are not bringing the SI forward just yet. The Health and Safety Executive and the Department for Work and Pensions expect to lay this legislation later in the year. Covid has had a profound effect on the labour market, so it is only right that we take time to consider the impact of our reforms to ensure that they address the challenges of today and achieve change that works for all. We will continue to work with stakeholders, and we will bring forward detailed proposals in due course.
As I mentioned, officials at the Health and Safety Executive have assured me that work is also well under way to extend the protections of the PPE directive to limb (b) workers, as well as to employees, to align with the court ruling. This work is on schedule.
To close, I underline once more that these regulations will help workers across the country during this coronavirus pandemic and beyond, providing all limb (b) workers and employees with the right not to be subjected to detriment in health and safety cases. I commend these draft regulations to the Committee.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
My Lords, the Grand Committee stands adjourned until 5.55 pm. I remind Members to sanitise their desks and chairs before leaving the Room.