Apr 2026
Legal Newsletter April 2026
Key Topic of the Month Were Waitrose right to sack an employee for being a “hero”? Scrambled eggs. Waitrose have received significant negative press, along with criticism from MPs, following the dismissal of an employee.
Welcome Message
Welcome to April's Health & Safety newsletter.
Each month we bring you key legal developments, incident trends and enforcement action to help you stay compliant and protect your people.
Do you have anything specific you would like to find out more about - please let us know!
If you need support or practice guidance on implementing any of the topics below, keeping your place of work safe then our team at HSE Advisor Ltd is always here to help.
Email us at: info@hseadvisor.co.uk
Key Topic of the Month
Were Waitrose right to sack an employee for being a “hero”?
Scrambled eggs. Waitrose have received significant negative press, along with criticism from MPs, following the dismissal of an employee. The individual, who had worked for Waitrose for 17 years, intervened to stop a shoplifter who was stealing Easter eggs.
Waitrose said this was a serious breach of its employment and health and safety policies and procedures and dismissed him accordingly.
Since then, the press and others have responded with comments such as “why sack a hero” and “sacked for doing the right thing”. Another supermarket chain has even publicly offered the individual a job!
So, were Waitrose right to act in this way? Unfortunately, yes. Although such actions may appear valiant, they are negligent and dangerous. In tackling the shoplifter, the member of staff not only put himself at serious risk but also placed colleagues and customers in danger.
Although nobody was injured in this instance, there certainly could have been casualties. The shoplifter could have been armed with a knife or even a gun. What if he had panicked and started stabbing or shooting people? Although that may seem far-fetched, unfortunately it’s not. Also, what if the shoplifter had been injured by the member of staff? Do you think the Police would have sided with the shop worker? Possibly, but there is also every chance that he could have faced an assault allegation.
Finally, if the employee had died or been seriously injured, Waitrose could have faced criminal liability for failing to ensure the health, safety and welfare of its staff.
Ignore the noise. MPs appear to have forgotten that they helped create health and safety legislation, and the press is conveniently overlooking it too. The Health and Safety at Work etc. Act 1974, together with supporting legislation, can be used against those who fail to protect the safety of employees or others.
Advice. Make sure staff know that they must not put themselves at risk. You should set this out clearly in policies, procedures, risk assessments and safe systems of work. As in this case, you must also take appropriate disciplinary action if staff fail to follow clear instructions designed to keep them safe.
Key takeaway: Staff must never put themselves at risk. Clear procedures and consistent enforcement are essential.
Trend Spotlight
These themes reflect increased enforcement and client focus over the last month.
This month we’ve seen increased queries around:
Accident investigations
Site visit requests
ISO Standards support
SSIP compliance support
If your organisation would like support with any of these areas, we can schedule an on‑site or virtual meeting.
Legislation
The UK has seen significant changes in legislation, particularly in employment rights. Here are some of the key updates:
Statutory Sick Pay (SSP): SSP is now payable from the first day of sickness absence, with no earnings threshold and no waiting period. The weekly rate is the lower of 80% of average weekly earnings or £123.25.
Parental Leave: Employees are entitled to up to 52 weeks of unpaid bereaved partner's paternity leave from the first day of employment.
Collective Redundancy: The maximum protective award for non-compliance has been doubled to 180 days' pay per employee.
Whistleblowing Protections: Reports of sexual harassment are now protected whistleblowing disclosures, ensuring workers' rights are upheld.
Fair Work Agency: A new body has been established to enforce workers' rights and support businesses with compliance.
These changes are part of the government's plan to Make Work Pay and aim to enhance workers' rights and support employers in compliance. Employers and workers should stay informed and adapt their practices accordingly.
*Some measures are subject to phased implementation or further guidance.
*Some of the employment law changes outlined below are proposed or subject to phased implementation. Employers should seek advice before making policy changes
If you need additional support reach out to our HR team: sally.moore@hseadvisor.co.uk
HSE News
HSE Steps Up Asbestos Management Inspections
To mark Global Asbestos Awareness Week (1–7 April 2026), the Health and Safety Executive (HSE) has confirmed that asbestos management remains a key focus for inspectors, with unannounced visits continuing across premises and construction sites.
HSE reports that common failings include missing or ineffective asbestos management plans, inadequate training, and poor controls for work that may disturb asbestos. Building owners, landlords and those responsible for maintenance must ensure asbestos is properly identified, monitored and managed to protect workers and others.
The legal duty to manage asbestos applies to non‑domestic and multi‑occupancy buildings, including offices, schools, shops and places of worship. Failure to comply can lead to enforcement action, prosecution and significant fines.
HSE reminds duty holders to:
Have an up‑to‑date asbestos survey and register
Maintain a written asbestos management plan
Review and monitor asbestos‑containing materials regularly
Ensure appropriate training is in place
Consultation On Workplace Injury And Illness Reporting
The Health and Safety Executive (HSE) has launched a public consultation on RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), inviting businesses and stakeholders to help shape the future of workplace incident reporting in Great Britain.
The proposals aim to improve clarity, strengthen worker protection and reduce unnecessary administrative burden on employers. Suggested changes include clearer definitions, updates to the lists of reportable dangerous occurrences and occupational diseases, and expanding who can formally diagnose reportable work‑related ill health beyond GMC‑registered doctors.
HSE is also seeking views on simplifying the online RIDDOR reporting process to address under‑ and over‑reporting.
The consultation is relevant across all sectors and closes on 30 June 2026. Full details and response information are available on the HSE website.
Fire Safety & Building Regulations
Approved Document B (Fire Safety)
Approved Document B (often referred to as ADB) provides guidance on fire safety in support of the Building Regulations in England. It’s been amended several times in recent years and is now under consultation again with proposals which would amend requirements for new multi-storey open sided car parks, increase fire protection where solar panels are installed on roofs and add further requirements relating to external cladding and combustible materials. . 📅 Consultation closes 17 June
Fire Risk Assessors will be regulated
Since the Grenfell inquiry concluded there has been an intention to restrict who can undertake fire risk assessments for higher risk buildings including tower blocks. This government consultation is a further step towards that aim.
Building Safety Act – Client Guidance
BESA has published a free Client Guide to the Building Safety Act, explaining client duties under the Act, particularly for higher‑risk residential buildings
Vape shops fire risk highlighted by Glasgow fire
A major fire near Glasgow Central Station has prompted warnings to vape retailers to review lithium battery storage and fire safety arrangements
Warning – Performance of “zero compression” cavity barriers
A technical warning has raised concerns about “zero‑compression” cavity barriers, which may allow gaps to form as buildings move over.
Fire Doors – New Standard
The updated standard BS 8214:2026 for fire‑resisting and smoke‑control doors has been published. Designers and project managers should ensure specifications reference the latest version
Guidance and Updates
Safety Alert – Contaminated Wet Wipes
The UK Health Security Agency has warned that some non‑sterile, alcohol‑free wipes may be contaminated and present a risk if used in first aid kits.
Check and dispose of the following if present:
ValueAid Alcohol Free Cleansing Wipes
Microsafe Moist Wipe Alcohol Free
Steroplast Sterowipe Alcohol Free
Reliwipe Alcohol Free Cleansing
Home Working – Employer Responsibilities
With 38% of workers now home‑based or hybrid, HSE has issued updated guidance reminding employers that health and safety duties still apply, including workstation safety and accident reporting.
Chemical regulations
The REACH (Amendment) Regulations 2026 came into force on 1 April, restricting lead‑based ammunition and proposing changes to chemical registration (for certain uses).
Nitrous Oxide
The BCGA has warned about incorrect disposal of large nitrous oxide canisters, which are causing explosions within waste streams
Building Safety (Wales)
The Building Safety (Wales) Bill has been passed, introducing a new safety regime for multi‑occupancy residential buildings in Wales
Major Incident & Prosecution Summaries
(Safety Alerts)
These cases highlight recurring failures that are entirely preventable.
Client, contractor and site manager prosecuted for asbestos incident
Three parties shared the blame when the HSE discovered the unsafe demolition of a structure containing asbestos. Sohan Group Limited, the client, appointed a non-licensed company to remove the materials, despite knowing it needed a competent contractor. It was fined £74,000.
Contractor, Maize Metals Limited pleaded guilty to breaching Regulation 15(2), Construction (Design and Management) Regulations 2015 and was also fined, and manager Ali Raza Baig was handed a suspended prison sentence, a curfew order and was disqualified as a company director for five years.
Employee crushed by telehandler
A court has heard how an employee lost the sight in one eye, and other serious injuries when he was crushed against a wall by a mobile machine. The injured party was hand sorting waste at the time.
The telehandler which reversed into him had various defects including missing mirrors.
In court, Sheridan Skips Burnley Limited pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974 and was fined £24,000 plus costs of £4777.
£2.2 Million for Huws Gray
Builders Merchant, Huws Gray Ltd, has admitted health and safety breaches which led to a fatal accident. Paul Coulson was killed whilst he was in a vulnerable location trying to remove plastic packaging from pallets of timber. His colleague did not know he was there when he restarted the machine.
After the accident it was established that employees were habitually climbing into a dangerous area of a conveyor system, and insufficient measures were being taken to prevent it.
In court, Huws Gray Limited pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974. The company was fined £2.2 million and ordered to pay full costs of £9,929.
Lost fingers in two machinery accidents
Plastics manufacturer, Commercial Lines Limited, has been fined £16,000 after two staff lost fingers in two separate accidents ten days apart. One accident occurred when an employee put her hand into an air vent to clear a blockage (see photo). The second accident occurred when very small pieces were being cut with a table saw whilst holding by hand.
Broken hip caused by makeshift step
Greenhalgh’s Craft Bakery Limited has been prosecuted over an accident in which an employee fell whilst loading a skip from a large plastic pallet box. The company was fined £16,667 and ordered to pay costs of £4,333.
Burned by hot surface
Equilibrium Healthcare Limited has pleaded guilty to breaching regulations connected with an incident in which a resident sustained a burn to their leg. They had slipped from bed and lay against a hot radiator pipe for up to two hours before being found.
On investigation, inspectors identified other exposed hot pipes presenting a similar hazard to vulnerable residents at the Oaklands Nursing Home, Manchester.
The company was fined £26,800 and ordered to pay £17,692 in costs. Derek Stanley, the registered manager of the service also pleaded guilty to the same offence of failing to provide safe care and treatment and was fined £1160.
Resident choked to death at care home
Riverside Care Limited has been prosecuted over the death of a resident whose special diet plan was not implemented.
Cherry picker user killed by electric overhead line
An employee was killed and a colleague left with life-altering injuries in an overhead line collision when their cherry picker made contact.
On investigation weaknesses were found in the areas of risk assessment, training and supervision
Young apprentice suffered crush injury
Metal fabricator MTL Advanced Ltd, has appeared in court after an apprentice crushed his thumb in a guillotine machine. The gap in the machine’s guarding turned out to be one of several serious safety hazards in the training workshop, leading to a prosecution under Regulation 11(1), Provision and Use of Work Equipment Regulations 1998. The company was fined £140,000 plus costs of £5,013.
Unsafe Work at Height
A green waste recycling company has appeared in court after an accident in which an employee fell whilst trying to clear a blockage. There was not suitable permanent access equipment to enable the regular task to be carried out safely.
Plasterboard concealed open shaft on construction site
A recent case concerned a type of accident which is sadly not uncommon during new-build construction works. Someone had covered an open shaft, 12 storeys above ground, but had not used suitable materials. When trodden on the plasterboard and insulation sheet gave way and Renols Lleshi, 19, fell to his death.
Jerram Falkus Construction Limited pleaded guilty to breaching Regulation 4(1), Work at Height Regulations 2005. The company was fined £42,200, plus costs of £5000.
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Thank you for taking the time to read this month’s update.
If you need support with policies, training, audits, risk assessments, or anything else please get in touch with HSE Advisor Ltd.
Stay safe,
The HSE Advisor Ltd Team