Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Reino Unido de Gran Bretaña e Irlanda del Norte (Ratificación : 1949)

The Committee notes the observations of the Trade Union Congress (TUC), received on 23 September 2023 and the reply of the Government thereto.

Articles 6, 7(3), 10 and 11 of the Convention. Number and conditions of service of labour inspectors.Training. In reply to the Committee’s previous comment, the Government indicates in its report that (i) as of 1 May 2023, the total number of staff in the Health and Safety Executive (HSE) was 2,890; (ii) the number of regulatory inspectors in HSE is 641 and there are 335 specialist inspectors; and (iii) the number of inspectors devoted to or contributing to inspections is around 815. This figure fluctuates with new starters, retirements, and changes in job role, and it includes specialist inspectors who independently or jointly contribute to labour inspection. The Committee notes the TUC’s indication that there has been an overall decrease in the number of inspectors over the past 10–15 years, including that staff numbers have been cut by 35 per cent since 2010, and that the number of inspectors has fallen by 41 per cent over 20 years.

With regard to the conditions of service of labour inspectors, the Government indicates that inspectors have the same terms and conditions as other members of staff appointed as civil servants when they join the HSE. The Government provides a table with the range of salary of each band and indicates that the HSE inspector roles cover a variety of banded posts, based on general civil service grades, ranging from Band 4 (trainees undertaking the Regulatory Training Programme) up to Band 1 (Head of Operations), and then into Senior Civil Service leadership posts. The Government further indicates that (i) the HSE has developed a talent attraction strategy to ensure that it attracts high quality candidates with the right skills and behaviours for the business requirements; (ii) it has enhanced its recruitment processes and has undertaken a guidance and policy review; (iii) the HSE has adopted a more proactive approach to recruitment, moving to a professional recruitment business partnering model and making better use of a range of external job boards to broaden its candidate pool; (iv) as part of the civil service, the HSE pay setting arrangements are covered by civil service pay guidance; and (v) pay is reviewed annually as part of formal pay negotiations with the HSE Trade Unions. Agreed changes, which are subject to affordability, are implemented through collective agreements. In its observations the TUC indicates that (i) retention is a key challenge and that the barriers to recruiting new inspectors are internal, namely the capacity to train; (ii) the HSE does not provide structured continuing professional development for inspectors; (iii) most inspectors leave to work for the industry; and (iv) changes in the balance between experienced and trainee inspectors has increased the training burden on experienced staff at the same time as numbers have fallen. In its reply, the Government indicates that (i) the HSE offers a structured programme of continuous professional development (CPD) to newly appointed inspectors upon completion of the Regulatory Training Programme and a suite of CPD based on specific common hazard areas; (ii) Regulatory Divisions within the HSE identify and provide regulatory CPD specific to the regulatory tasks associated with the delivery of their planned inspection campaigns; (iii) the HSE is considering options for a regulatory CPD scheme as a component of its review of the Regulatory Training Programme; and (iv) it continues to recruit significant numbers of trainee regulatory inspectors. Although this creates a need for training by other inspectors, training is designed to ensure that trainee inspectors make a significant and valuable independent contribution to the work carried out by operational teams as early as possible.

The Committee notes that the Annual Report of the HSE for 2022–23 indicates that (i) recruitment within HSE faces many challenges over 2023–24 such as a “candidate led market”, competition with the private sector regarding pay for specialized roles and a high cost of living; (ii) there are long-standing concerns over pay and benefits of the HSE staff, and many are affected by this now due to increases in energy prices and the cost of living; (iii) there were 288 staff leaving the HSE in 2022–23 (in comparison to 281 in 2021–22). Of those that left, 50 moved to new posts in other government departments and 71 retired, 11 colleagues were dismissed and 21 fixed-term appointments concluded. The Committee further notes that the Public Bodies Review of the HSE of March 2023 indicates that a review of the pay structure with a view to the possible implementation of a capability-based system has been under way for some months. The report recommends it be prioritized for introduction in the new financial year. The Committee requests the Government to take the necessary measures to ensure that there is a sufficient number of labour inspectors for the effective discharge of the duties of the inspectorate and to continue to provide information on the number of labour inspectors who are conducting inspections, indicating the number of visiting staff. The Committee requests that the Government provide information on the review of the pay structure and its impact on the conditions of service of labour inspectors. The Committee further requests the Government to provide information on the review of policy and guidelines for recruitment and the impact on the recruitment of new inspectors and the career progression of HSE inspectors. Noting that the number of inspectors leaving remains high, the Committee requests the Government to take necessary measures to improve the conditions of service in order to ensure the retention of HSE inspectors. Lastly, the Committee requests the Government to provide details on the review of the CPD training provided to HSE inspectors. The Committee once again invites the Government to consider engaging in discussions with the social partners on this issue and requests the Government to provide information on the outcome of any discussions undertaken.

The Committee further notes the TUC’s indication that the HSE’s strategy for 2022–32 “Protecting People and Places” is becoming a large-scale change programme as the HSE is seeking to reshape itself, through restructure and consideration of delivery functions. The trade union argues that this is evident with the development of projects to amalgamate the Field Operations Division (FOD) and Construction Division (CD), but also to separate the functions of proactive/inspection and reactive/investigation. According to the TUC, the HSE is currently rolling out this new structure, which reduces the number of inspector teams across the country from 64 down to 47 (with another 4 temporary teams to accommodate current trainee inspector capacity). Bearing in mind that in 2006 there were 85 teams, this is a 45 per cent reduction that is mirrored by the reduction in inspector staff over time. The TUC further indicates that inspector members have expressed significant concerns about this move, which would also expose a smaller number of inspectors to concentrated levels of investigations of fatal and serious injury accidents. The TUC also indicates that in devising the strategy 2022–32, the HSE did not seek, in a formal public consultation, the opinion of stakeholders such as trade unions, victims’ groups or the general public.

In its reply, the Government indicates that the separation of inspection and investigation work relating to non-major hazard sites was one of several organizational design decisions made by the HSE’s Executive Committee in July 2022. This change would enable frontline colleagues to develop more specialist skillsets and to achieve better regulatory impact and outcomes. The specialization and improved focus on inspection or investigation would enable greater efficiencies, improved operational performance and improved flexibility in how the HSE can deploy its workforce on regulatory priorities. Learning has been taken from the previous pilot (Enhancing Frontline Delivery) which was conducted between 2007 and 2009. This change is the first in a number of interdependent strategic projects to enable delivery of the HSE strategy 2022–32. The Government also indicates that the project creates three new divisions: Investigation, Inspection and Specialists. The Government confirms that there will be a smaller number of teams in the new Inspection and Investigation Divisions than currently exist in FOD and CD. However, the Government states that the management spans in some existing FOD and CD teams are too low, and it is not right for the HSE to allow this inconsistent situation to continue. Rather than the reduction in inspector numbers described, this will result in a move of inspectors to work in other priority areas including major hazards regulation. This also creates career development opportunities for inspectors. Lastly, the Government indicates that the HSE has started a review of existing arrangements to support staff who may be exposed to traumatic events, including learning from other public bodies and emergency services. The Committee requests the Government to continue to provide information on the implementation of the HSE’s operational model for delivery of inspection and investigation work and on its impact on the staffing of the HSE. The Committee also requests the Government to provide information on the measures adopted in order to ensure the health and safety of inspectors, including those exposed to traumatic events in the performance of their duties.

Article 11. Financial resources of the labour inspection services. In reply to the Committee’s previous comment, the Government indicates that the Spending Review 2021 Settlement (budgets for 2022–23 to 2024–25) provided additional “spend to save” funding for the HSE to develop its digital capability and replace obsolete operational systems. It also provided additional resources to deliver key government priorities such as establishing the Building Safety Regulator (BSR) for England. The Committee notes that, according to the Annual report of the HSE for 2022–23: (i) the total expenditures for the year were £262 million, of which £90 million came from income and cost recovery and £172 million from Government funding; and (ii) there will be a 5 per cent (corresponding to a £7 million) reduction in funding to be implemented by 2024–25. The Committee further notes that, according to the 2023 Public Bodies Review of the HSE, this reduction of funding represents a substantial efficiency challenge, that the HSE needs to make quick progress on delivery of those savings, and that any other substantial efficiency can only be delivered by delaying or ceasing current areas of work, which will mean difficult choices by Government, as no readily acceptable areas were presented. In its observation, the TUC indicates that the HSE’s budget in 2021–22 is 43 per cent down from 2009–10 in real terms on a comparative basis.

As regards the cost recovery scheme, the Government indicates that the Fee for Intervention (FFI) was introduced in 2012 and was subject to an independent review in 2014. The review found no reason to conclude that the overall level of compliance with health and safety legislation has changed significantly because of the introduction of the FFI. The Government also indicates that the HSE conducts an annual duty holder survey. Analysis of results of the duty holder survey for 2022–23 indicate that employers considered that the inspection activity was appropriately targeted. Employers indicated that the regulatory outcome of their inspection was efficient, effective and proportionate to the risks identified. They also said the advice they received from the inspector would improve their risk management. Responses from employers who incurred charges under the FFI regulations because of the risks identified during inspection were not significantly different from those of employers who did not. The Government reports that the HSE is funded net of cost recovery and as such sets annual budgets for cost recovery including FFI, though inspectors do not have individual targets under the scheme. The Committee requests the Government to continue taking the necessary measures to ensure that sufficient budgetary resources are allocated for labour inspection. In particular, the Committee requests the Government to provide details on the implementation of the reduction in funding by 2024–25 and the impact on the effectiveness of the HSE in delivering its mandate.

Articles 17 and 18. Prompt legal proceedings for violations of the legal provisions enforceable by labour inspectors. In reply to the Committee’s previous comment, the Government indicates that in April 2022, the HSE implemented changes to the roles of principal inspectors and inspectors in the Operations Divisions specifically relating to their role in the commencement of, and preparation and presentation of criminal proceedings. Historically inspectors, other than those in Scotland where there is a different legal system, were responsible for making decisions on whether the Code for Prosecutors was satisfied in a particular case. Inspectors were also responsible for commencing proceedings and may also, in some instances, have presented cases in Magistrates Court. Since April 2022, these functions are now undertaken by members of HSE’s Legal Services Division who are authorized as inspectors solely for the purpose of the institution of proceedings. The changes were introduced to further enhance the independence of decision-making and improve the efficiency and consistency of decisions in relation to prosecutions. A further objective of the changes was the more effective use of inspectors’ resources, reducing the time spent by inspectors on reviewing evidence, drafting prosecution decisions, preparing prosecution files and liaising with duty holders and/or their legal representatives in connection with criminal proceedings. The changes have also reduced the requirement for inspectors to attend administrative hearings. The role of the inspectors in criminal proceedings is now focused on their role as the investigator, a professional witness and where appropriate, disclosure officer in the prosecution. On the matter of time and resources dedicated to legal proceedings, the Government indicates that inspectors do what is required, which varies year to year and with the complexity of the cases. The Committee further notes that, according to the Annual Report of the HSE, there were 216 completed prosecutions for the period 2022–23 (in comparison to 355 cases in 2019–20, 396 in 2018–19 and 509 in 2017–18), confirming the decreasing trend noted in the Committee’s previous comment. The Committee requests that the Government provide information on the impact of the changes concerning the commencement of, and preparation and presentation of criminal proceedings with regard to the prosecution of cases reported by labour inspectors, and also provide detailed information on the results of these prosecutions with respect to types of sanctions imposed and monetary amounts assessed and recovered.

The Committee is raising other matters in a request addressed directly to the Government.