Your questions answered - December 23

Q: I own a small company, am I legally required to have an employee wellbeing strategy?

The importance of employee wellbeing is increasingly recognised – healthy, happy, resilient employees are clearly important to every thriving business. Indeed, a report earlier this year by AXA UK and Centre for Business and Economic Research reveals the financial cost of dealing with poor wellbeing, as “people reaching the point of burnout and work-related stress is a significant issue for the UK economy, with an estimated £28bn lost last year due to poor mental health at work”. 

So, it’s vital employers remember their duty of care to protect employee wellbeing is not restricted to physical safety. There are several laws which help protect employees in terms of duty of care. These include:

• The Health and Safety At Work Act, 1974.

• The Management Of Health and Safety at Work Regulations, 1999.

• The Working Time Regulations, 1998.

• Sex Discrimination Act, 1975.

• Race Discrimination Act, 1976.

Depending on the size of your workforce, it is not strictly a legal requirement to have a strategy for employee wellbeing, but you are required to make sure you uphold your duty of care to all staff – for their physical safety and emotional wellbeing. Ensure that you carry out comprehensive risk assessments and act upon the findings.

Q: I work in a town centre office, and close to several buildings that are closed while they investigate RAAC. Should I be worried and what should I do? 

RAAC (reinforced autoclaved aerated concrete) was used to build schools, hospitals and various other public buildings from the 1950s to the mid-1990s. Experts say that the lightweight building material is less durable than reinforced concrete and deteriorates over time, so is therefore susceptible to sudden failure. 

The closure of several hundred schools and other public buildings has rightly been ordered until safety work is undertaken. These closures were as a result of surveys carried out by the Department for Education since March last year to determine the presence and condition of the RAAC used in the buildings.

Concerns such as yours are compounded by the fact that asbestos is sometimes present in buildings where RAAC has been used. This complicates investigations and presents a risk of asbestos fibre release in the event of collapse.

There is no central register of buildings built using RAAC, but you might find this HSE guidance helpful: Managing risk from reinforced autoclaved aerated concrete (RAAC) - Education - HSE. 

Q: I am a health and safety manager for a large domestic cleaning company. I want to learn more about modern slavery. Any advice?

Modern slavery is all around us. According to the International Labour Organization, nearly 50 million people currently live in modern slavery. 

Of the 27.6 million people trapped in forced labour, 17.3 million are in forced labour exploitation in the private economy, 6.3 million are in commercial sexual exploitation, and nearly 4 million are in forced labour imposed by state authorities. It’s a very real problem – and the Covid-19 pandemic has exacerbated the conditions that lead to modern slavery.

Meanwhile, in the UK recently, Unseen UK, a national helpline for victims of modern slavery, has reported a steep rise in calls from overseas workers who came to the UK to help fill staffing gaps in the care sector.

The charity's latest figures show:

• in 2021 its helpline was contacted about 15 cases of modern slavery in the care sector, involving 63 potential victims

• by 2022 there were 106 cases, involving 708 potential victims

• in 2023 the figures have continued to rise

Their report indicates that nearly one in five potential modern-slavery victims identified by the charity in 2022 worked in the care sector.

If you suspect that modern slavery or human trafficking is going on in either your own business or in a client’s, then you must report it. Contact the modern slavery helpline on 0800 0121 700 or report it here https://www.modernslaveryhelpline.org/report

Submit YOUR questions to policy@britsafe.org