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Articles by Zoe Betts
Spotlight on managing overlapping workplace investigations
Sarah Munro, Kate Dodd and Zoe Betts explain how employers can manage overlapping workplace investigations, from coordinating HR and health and safety processes to handling legal risks and external investigations involving regulators or the police. We're sorry, this video is not available in your location. Workplace investigations can become particularly difficult when the same incident triggers more than one investigation.
How to manage heatwave risks under UK health and safety law
For many employers, including construction companies, landowners and commercial kitchens, hot weather can bring compliance with health and safety duties into sharp focus. While no legal limit has been placed on workplace temperatures in the UK – despite regular calls from employee unions for one – the Workplace (Health, Safety and Welfare) Regulations 1992 highlight temperature in indoor workplaces as a potential hazard for employees.
HR and H&S urged to act early to secure legal privilege after serious accidents
Internal investigations after serious workplace incidents can create legal risk for employers if they are not structured properly. That’s the message from Pinsent Masons’ health and safety team. A thorough investigation is essential to understand what went wrong and to prevent a recurrence, but a detailed internal report may also identify gaps in systems, supervision, or compliance, and in some cases, that material could be used in legal proceedings.
HSE cases in UK highlight overlapping risks in HR and H&S investigations
Zoe Betts tells HRNews about the legal risks which can arise with uncoordinated HR and health and safety investigations following serious workplace accidents. We're sorry, this video is not available in your location. Serious workplace incidents are often not just safety failures, they are failures in training, supervision and individual conduct, which can trigger more than one investigation inside the organisation.
UK employers review substance misuse policies after hangover research highlights workplace risks
New research has highlighted the scale of alcohol-related impairment in the workplace, with a survey of 2,000 working Britons commissioned by alcohol reduction organisation, Nul, finding that 17% of employees admit to attending work hungover at least once or twice a week. The findings have prompted renewed warnings about the safety and productivity risks associated with alcohol-related impairment at work.
PFAS: expect more regulation of ‘forever chemicals’, businesses told
However, Zoe Betts and Katie Hancock of Pinsent Masons said the government’s immediate focus is more on understanding the effects of PFAS – on people and the environment – and in encouraging industry innovation aimed at identifying safe alternatives to PFAS. PFAS is a class of approximately 10,000 fluorinated chemicals. These chemicals serve different purposes – depending on the chemical and the product, they can make products resistant to oil, water, or heat, for example.
Four in ten employers yet to carry out sexual harassment risk assessment
It is well over a year since the Worker Protection Act came into force imposing a new duty on employers to take reasonable steps to prevent sexual harassment and it’s in the news again. This time it isn’t whether employers know about the duty, rather it’s whether they’ve stopped to review where they are in terms of compliance with it. This was never meant to be a one-off exercise. Employers were expected to act, and then keep that action under review.
‘Less healthy’ food ad ban takes effect
The restrictions, which took effect on Monday, prohibit adverts for “identifiable” less healthy products from being included in Ofcom-regulated television services and on-demand programme services between 5:30am and 9:00pm. They also cannot be placed in paid-for space on the internet. In the UK, a less healthy food or drink product is said to be “identifiable” in advertising if someone could reasonably be expected to be able to identify the advertisement as being linked to that product.
Why suicide is on the HSE’s radar as part of mental health focus
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FSA report raises red flags over local authority resourcing
The ‘Our Food 2024’ report(136 pages / 6.1MB)identifies a "clear and present risk to public health, trade and economy" as a result of failures in the local authority official control delivery in Scotland, which it says falls far below statutory requirements. The report, the fourth annual review jointly produced by the two agencies, indicates that the UK's food sector continues to face significant pressures, particularly in resourcing.
CAP update shows complexity of UK ‘less healthy’ food and drink advertising ban
Regulatory law expert Zoe Betts of Pinsent Masons was commenting after the CAP published an update on progress with its draft guidance interpreting the new restrictions, next steps and expected timelines. The new restrictions will ban advertising of less healthy high fat, salt or sugar (HFSS) food and drink on TV and on-demand services between 5:30am and 9pm, with the adverts prohibited in paid-for online media at any time. The new rules are set to come into force in October.
Harassment protection bill highlights importance of workplace risk assessments
Zoe Betts tells HRNews about conducting risk assessments and where responsibility for them lies within the business. We're sorry, this video is not available in your location. A new Private Members’ Bill that would place a legal duty on employers to conduct risk assessments to prevent workplace harassment is set for its second reading in the Commons on 7 March.
UK product safety regulator considers e-bike battery regulations following research
The product safety regulator has made it clear that addressing the risks related to fires involving e-bikes and e-scooters in the UK remains a priority for its regulatory activity. It made a statement to this effect as the UK government published new independent research into product safety associated with e-bike and e-scooter lithium-ion batteries, chargers and e-bike conversion kits.
Improving workers’ mental health a regulatory focus for construction sector in 2025
The UK Health and Safety Executive (HSE) has recently published the latest workplace health and safety statistics (12-page PDF/1.3MB) for Great Britain. The figures show that 1.7 million workers were suffering from work-related ill health in 2023-24. Around 46%, or 0.8 million, of these workers suffered from work-related stress, depression or anxiety. The rate is higher than the 2018-19 pre Covid 19 level.
Guidance provides some clarity to ‘less healthy’ food advertising ban
“However, concerns will remain, in particular implementation and enforcement guidance to be issued by the Advertising Standards Authority (ASA), as the frontline regulator, is still awaited,” said Zoe Betts, health and safety and food law expert at Pinsent Masons. The regulations define the products, businesses and services in scope of the advertising restrictions for less healthy food or drink on TV and online.
UK Budget: soft drinks levy uprates part of wider healthier lifestyle plans
During the autumn budget, Rachel Reeves announced that both the lower and higher rates of the levy will increase each year over the next five years. The adjustment reflects a 27% rise in the consumer price index (CPI) from 2018 to 2024. Starting from 1 April 2025, the rates will be further adjusted annually based on the CPI. The current rate of 18p per litre will be recalibrated to £1.80 per 10 litres.
Ban on advertising junk food before 9pm resurrected in the UK
The restrictions will prohibit advertisements for identifiable high fat, salt or sugar (HFSS) products on television or on-demand programme services (ODPS) between 5:30am and 9pm. They also include an outright ban on paid-for online advertising of such products that are aimed at UK users. Ofcom-regulated ODPS will be included in the 9pm watershed prohibition whereas non-UK regulated ODPS will be included in the restriction on paid-for HFSS advertising.
UK food and beverage firms must take note of FSA food crime assessment
The FSA recently unveiled its 2024 Food Crime Strategy (52 pages / 1.3 KB) aimed at tackling the growing threat of food crime in the UK. Designed to identify food crime trends and emerging opportunities, the assessment informs the regulator’s response to the most harmful food crime incidents. It is used to set priorities and identify gaps in knowledge and understanding of food crime and sets out a robust framework for prevention and enforcement.
TUC study highlights employers’ failings in supporting homeworking
Zoe Betts tells HRNews about employers’ health and safety obligations when it comes to staff working from home We're sorry, this video is not available in your location. Employers are still getting the basics of home working wrong and it’s damaging our health. That’s the TUC’s headline following publication of research by the TUC and the University of Kent looking at the experience of 20 people working from home.
UK food and beverage firms must ensure protection against E. coli outbreak
UK health experts have identified a significant E. coli outbreak, with a total of 113 reported cases since 25 May. The UK Health Security Agency (UKHSA) has said that the outbreak is likely tied to a single contaminated food product distributed nationally. Leo Parkington, contract law expert at Pinsent Masons, said: “Incidents such as this can be extremely damaging to the reputation of a business in the food and beverage industry.
Morrisons loses appeal after epileptic worker’s death
Supermarket chain Morrisons has lost a bid to overturn convictions for health and safety failures after an epileptic employee died following a fall from a staircase during a seizure. Matthew Gunn died 12 days after suffering catastrophic head injuries at the WM Morrisons store in Tewkesbury, Gloucestershire, in September 2014. The company was fined £3.5 million in March last year after it was convicted of three health and safety offences and it admitted a fourth charge.
UK government takes step to improve food labelling consistency
The consultation on fairer food labelling (68 pages / 669 KB) is seeking views on proposals to improve transparency and consistency through improved country of origin, and animal welfare labelling in the UK. Zoe Betts, health and safety expert at Pinsent Masons, said: “Food labelling and particularly improving its consistency and transparency has been a priority for the government and its food safety regulator, the Food Standards Agency, for some time now.
EHRC publishes new guidance on menopause and the workplace
The Equality and Human Rights Commission has published new guidance on menopause and the workplace. It includes a reminder that menopause symptoms could amount to a disability - in which case, reasonable adjustments must be considered - as well as suggesting ways to support workers and avoid claims of harassment and victimisation on the grounds of age and sex.
Industry involvement needed for clearer allergen labelling guidance
It follows a recent report from the UK's Food Standards Agency (FSA) (20 pages. 536 KB) where concerns were raised about the ongoing violations of food composition labelling requirements in respect of allergens, despite recent updates on labelling guidance. The report found that incidents relating to undeclared or incorrectly declared allergens have returned to pre-pandemic levels following a decline in cases.
Manage travel risk for overseas employees, warns lawyer
The Covid pandemic has brought many changes to the way we work, most obviously flexible and hybrid working and a marked increase in remote working. While this will usually mean working from home, or from within the UK, what happens when working remotely means working from abroad? We’ll take a look at an issue often overlooked when it comes to overseas working, namely travel risk.
Menopause needs ‘joined up thinking by employers’, warns lawyer
Zoe Betts tells HRNews why the menopause is a health and safety issue which should be on HR’s agenda We're sorry, this video is not available in your location. Half of women aged 45 and over say their workplace does not have a menopause policy. 40% say they have ‘no clue’ if theirs does. Employers’ lack of understanding and a lack of support for staff is hitting retention and productivity.
UK regulator clarifies ‘may contain’ food allergen labelling requirements
Food safety expert Zoe Betts of Pinsent Masons said that the FSA’s updates on precautionary allergen labelling (PAL) highlighted a need for increased clarity and consistency in its use. “PAL has been on the FSA’s radar for some time now, with concern growing that increasing use of the ‘may contain’ term can devalue the information provided to consumers,” said Betts.
Food producers urged to act on contamination risk
Leo Parkington and Zoe Betts of Pinsent Masons, who specialise in commercial contracts and food safety respectively, were commenting after the UK government rated food supply contamination as four out of five for likelihood and three out of five for impact in its recently updated national risk register.
Deadline for new UKCA product marking extended ‘indefinitely’
The CE marking is required for goods sold in the European Economic Area (EEA). After Brexit, UK ministers had planned to replace the European mark with a ‘UKCA’ mark. Use of the UKCA mark, which would demonstrate that products comply with product safety regulations in Great Britain, was originally due to become mandatory on 1 January 2022. In 2021, however, the deadline was extended by a year, before it was pushed back again to December 2024.
Role for HR and H&S professionals in preventing COVID-19 reinfection
Transcript The worst of the pandemic is behind us but there is still a significant number of employees living with long COVID. The latest ONS figures estimate that 1.9 million people in the UK (2.9% of the population) were experiencing self-reported long Covid symptoms. 79% of them reported an adverse effect on their ability to carry out their day-to-day activities, with 20% reporting that their day-to-day activities had been ‘limited a lot’.
OutLaw Legal NewsRole for HR and HS professionals in preventing COVID19 reinfection
Zoe Betts tells HRNews about the steps employers should take to minimise the risk of COVID-19 reinfection in the workplace We're sorry, this video is not available in your location. Transcript The worst of the pandemic is behind us but there is still a significant number of employees living with long COVID. The latest ONS figures estimate that 1.9 million people in the UK (2.9% of the population) were experiencing self-reported long Covid symptoms.
Venues urged to ensure outdoor electrical equipment is safe
The Health & Safety Executive (HSE) says venues, such as pubs with beer gardens, should arrange for a competent person to carry out electrical installation work. It said venues should only use lights and heaters specifically designed for outdoor use and regularly checking equipment for damage or water ingress. Zoe Betts of Pinsent Masons said: “Employers have a duty to ensure the safety and health of their employees and others affected by their work insofar as reasonably practicable.
FSA proposals aim to drive improvements in UK food safety and hygiene
Out-Law Analysis | 20 Jun 2023 | 2:57 pm | 4 min. read A recent consultation published by the UK’s Food Standards Agency (FSA) puts risk management practices, food safety culture and sustained compliance at the centre of its proposals for a modernised food hygiene delivery model.
Scottish deposit return scheme a victim of UK regulatory divergence
The Scottish Government has announced that its DRS, initially scheduled to launch in March next year, would be delayed until October 2025 at the earliest. The recycling reform will place a 20p charge on drinks bottles and cans which can be redeemed by customers if they return the containers to ‘reverse vending machines’ operated in larger stores, shopping centres and community hubs.
New EU product safety regime to take effect
The EU General Product Safety Regulation will begin to apply on 12 June 2023, though the new provisions will not be enforced until 13 December 2024. Previously compliant products placed on the market before then can still be sold. The legislation applies to economic operators involved in placing products on the EU market, even if they are not themselves established in the EU.
Mental health first aid bill ‘not particularly well thought through’
Transcript The Mental Health First Aid Bill has not been properly thought through and could cause unintended and negative consequences. That’s the warning from a number of mental health first aid experts who have urged Conservative MP Dean Russell to amend his private members bill. It is currently at the second reading stage in the House of Commons.
Mental health initiatives undermined by a 'failure to evaluate their impact'
Zoe Betts tells HRNews about including mental health in workplace risk assessments We're sorry, this video is not available in your location. Transcript It is mental health awareness week so what should businesses be doing to manage risks to employees mental health. We’ll consider that.
EU’s new general product safety regulation ‘highlights gap in UK law’
The regulation (157-page / 814KB PDF) is designed to bring product safety rules up to date and meet the changing market for increased online purchasing. It reinforces safety rules for products sold both offline and online by strengthening market surveillance for unsafe products and consumer rights for anyone who has been sold an unsafe product.
Scotland’s deposit return scheme delayed until March 2024
The DRS is designed to improve recycling rates, reduce litter and help to tackle climate change, and was due to take effect on 16 August 2023. However, despite recent guidance having been issued by scheme administrator Circularity Scotland, the DRS has been criticised by business groups that have warned of the additional costs and practical difficulties involved in implementing the scheme in time for the August deadline.
Does your WFA policy cover business travel risk?
Zoe Betts tells HRNews about managing business travel risk when staff work from abroad We're sorry, this video is not available in your location. Transcript Four in five employers believe that providing employees with flexibility in their work schedules and locations is crucial to attracting and keeping talent according to research by the CIPD. A ‘work from anywhere’ culture has been adopted by many employers, including allowing working from abroad, but what are risks to the business?
UK food advertising restrictions move a step closer with publication of consultations
The restrictions, introduced by the 2022 Health and Care Act, identify broadcast TV and online as the main sources of children’s media consumption, and prohibit advertisements, including those under a sponsorship agreement, for identifiable HFSS products on television or on demand programme services (ODPS) between 5:30am and 9:00pm. They also include an outright ban on paid-for online advertising of such products that are aimed at UK users.
Rise in UK work-related suicides shines light on mental health challenges
Transcript Research shows that one in four employees in the UK has experienced suicidal thoughts while at work and one in five don’t feel comfortable talking to their employer about their mental health. The university sector, in particular, is facing a number of challenges in this area – we’ll speak to a health and safety lawyer about that. This is research by the suicide prevention charity Ripple and is covered in the latest edition of IOSH magazine.
Top tips for Health & Safety legal compliance in the food and beverage sector
Understanding how to meet your corporate duties under H&S law has never been more important. Serious incidents causing death, injury or ill-health have moral, commercial, financial, legal and reputational implications. In this webinar we will cover the legal framework, the common hazards posed by the F&B industry, some recent cases, and we will provide practical guidance on how to achieve compliance whilst also responding appropriately in the event of an accident occurring.
UK firms given extended deadline to apply new product safety marking
Use of the UK Conformity Assessed (UKCA) mark became mandatory from 1 January 2022 and the previous deadline for achieving compliance with the new marking was 1 January 2023. The UKCA covers most goods, such as electronics, gas appliances or personal protective equipment, and demonstrates that the products comply with the UK’s product safety regulations.
UK waste sector targeted in latest HSE enforcement inspection campaign
According to the HSE’s Waste & Recycling Sector Workplan 2022-23 (25-page / 357KB PDF), the main risk factors in relation to transport include workplace transport arrangements on site; suitability and maintenance of vehicles; and the competence and management of drivers.
Three in five employees plan to work abroad this year, research shows
Transcript Nearly three in five employees plan to work abroad this year, so how should you manage the travel risk? The survey by IWG is covered by People Management. The poll in August of 1009 hybrid workers this month found that the majority (88 per cent) of workers are planning to work from anywhere this year, while two thirds (67 per cent) said that they can perform their job effectively while working abroad.
UK union’s call for legal maximum temperature in workplaces may be ‘unworkable’
Zoe Betts of Pinsent Masons said the GMB Union’s proposals to prevent workers from working in temperatures of 25C or higher were “arbitrary, inflexible and unworkable in practice” given the “huge variety in roles” and differences between indoor and outdoor working environments.
Mental health central to HSE’s 10-year strategy
Transcript The Health and Safety Executive, the HSE, has published its strategy for managing health and safety risks over the next 10 years, designed to reflect the changing nature of the world of work. It is aimed at reducing work-related ill-health, with a specific focus on mental health and stress. We’ll consider the relevance of that to HR.
Simplification of UKCA product marking process ‘cautiously welcomed’
Zoe Betts, a regulatory specialist from Pinsent Masons, said the measures, intended to reduce compliance burdens and duplication, will be “cautiously welcomed by stakeholders,” but added that “businesses may well have preferred a longer transition period to be applied.” Her comments came after the UK government announced changes to how businesses apply the UK Conformity Assessed (UKCA) mark on certain products like mobile phones to indicate that they conform to market rules in England,...
Is your travel risk management policy fit for purpose?
Transcript Is your travel risk management policy fit for purpose? As an HR professional should that be your concern? There is a strong argument that the pandemic has changed the role of the HR professional and that it now covers, or should cover, business travel risk given the duty of care owed to all employees. We’ve noticed since the war in Ukraine, a number of our clients have brought HR directors into crisis their management teams with travel risk part of that equation.
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