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Home News Legal Experts Demand Repeal Of Section 69 For Workers’ Compensation Fairness

Legal Experts Demand Repeal Of Section 69 For Workers’ Compensation Fairness

by Celia

In a powerful move aimed at restoring justice for injured workers, the Association of Personal Injury Lawyers (APIL) has expressed strong support for an amendment to the Employment Rights Bill, which seeks to repeal section 69 of the Enterprise and Regulatory Reform Act 2013. This amendment, introduced by Chris Law, Member of Parliament for Dundee Central, has gained attention as part of ongoing scrutiny of the Bill by the parliamentary committee.

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For years, workers who were injured due to breaches of health and safety regulations had the statutory right to seek compensation. However, section 69 of the 2013 Act removed this route, leaving workers to depend heavily on common law. This shift means that victims now must prove negligence—a difficult task, especially in the workplace, where employers hold significant advantages, controlling everything from equipment and systems to critical information.

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Gordon Dalyell, treasurer of APIL, commented, “Before the 2013 Act, workers had a clear path to compensation if their employer violated health and safety laws. Section 69 removed that. Now, workers must navigate a complex legal process to demonstrate negligence, often facing an uphill battle against employers who control crucial evidence and resources.”

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Dalyell pointed out that recent court rulings have highlighted the growing complexity of employers’ liability cases, leaving injured workers uncertain about their ability to claim compensation. “Since the implementation of section 69, many workers who suffer injuries at work find it increasingly difficult to establish a claim. This is a situation that must be addressed.”

APIL’s research, based on data from the Compensation Recovery Unit and the Health & Safety Executive (HSE), reveals alarming trends. Between 2018 and 2024, injuries requiring more than seven days of absence or illnesses caused by work rose by 16%. However, during this same period, employers’ liability compensation claims dropped by a staggering 50%.

“This is a chance to correct a major injustice,” Dalyell added, stressing that Mr. Law’s amendment to repeal section 69 presents an opportunity to restore fair compensation for those injured at work.

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