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Workplace risk assessments: understanding legal duties under the Management of Health and Safety at Work Regulations 1999
Andrew Sanderson
Our team of specialist and highly experienced lawyers act for individuals, organisations, corporates and regulators, providing advice on regulatory compliance, investigations, adjudication, enforcement and prosecutions. We help clients respond to regulatory investigations and interventions when the continued operation or reputation of the individual or the business is at stake.
We advise and support professionals and businesses in all aspects of their dealings with UK regulators and other agencies with regulatory enforcement powers across the financial services, accountancy and finance, legal and healthcare sections.
Ensuring compliance with the increasingly complex and pervasive nature of regulation in the UK requires expert advice and support. Whether you or your organisation needs help before or after a regulatory intervention, clear and decisive advice is required. With your reputation, ability to run your organisation or your ability to practise in jeopardy, we bring clarity in often stressful and emotional circumstances.
Many of our clients have complex legal problems that require the help of lawyers from across the firm, including those from our criminal litigation, employment, company and commercial, public law and dispute resolution teams. Our cross-practice approach ensures that clients receive seamless advice and that their legal problems are analysed from every necessary angle.
You can expect a prompt, proactive and compassionate service from lawyers who understand the importance of achieving the very best outcome for your particular situation.
Most of our services are offered on an hourly rate basis and as many of our clients’ matters are complex and often involve multiple parties, there is rarely a typical case. Our clients are given an estimate of costs after our initial meeting or as part of the engagement process. There are some areas where we are able to be more indicative and, as in accordance with the Solicitors Regulation Authority (SRA) guidance on price transparency, we have published our price and service information where it is possible to be upfront about charges without knowing all the details of the matter.
Ensuring the safety and health of employees is a cornerstone of responsible business practice in the UK. At the heart of this responsibility lies the legal requirement to carry out workplace risk assessments—a duty enshrined in the Management of Health and Safety at Work Regulations 1999 (MHSWR). This article sets out the legal framework surrounding risk assessments, outlines practical steps for compliance, and includes expert insights from Andrew Sanderson of Kingsley Napley and Craig Lydiate of Eighty20 Risk Systems.
Pursuing a career in law is already a significant challenge without the added stress of worrying whether past mistakes could block your path to becoming a solicitor. Early-life convictions, cautions, academic disciplinary actions, or financial issues may all impact your eligibility for admission by the Solicitors Regulation Authority (SRA).
The Ministry of Justice published Guidance on 2 June 2025 regarding the introduction of new legislation to prohibit the use of non-disclosure agreements (“NDAs”) by higher education institutions in relation to certain complaints under the Higher Education (Freedom of Speech) Act 2023 (“the Act”). The changes, which had originally been given Royal Assent in 2023 but were placed on hold when the new Government came into power, took effect on 1 August 2025. The higher education sector is leading the way when it comes to the use of NDAs and while the changes will not see a total ban on NDAs, it paves the way forward for greater transparency and accountability during student misconduct proceedings.
Here is a press round-up in the following sector: Regulatory and Professional Discipline, covering periods from June to July 2025.
The Bar Standards Board (BSB) has recently launched a consultation as part of its work towards a much-needed modernisation of its enforcement functions. The consultation seeks feedback on proposed changes to the enforcement regulations under Part 5 of the BSB handbook. It is open until Wednesday 15 October 2025, with a second consultation on the draft regulations to follow in 2026. The new regulations are scheduled to come in effect in 2027.
Artificial Intelligence (AI) and digital tools are rapidly transforming the accountancy sector with promises of enhanced efficiency, insight and audit quality. Embracing this innovation wave however, does not come without risk, and regulators are increasingly alert to the ethical implications. The FRC has very recently issued new guidance on the use of AI in audit, coinciding with the ICAEW’s new technology-centred revisions to its Code of Ethics, which came into force on 1 July 2025. Responsible and ethical use of AI is now therefore no longer optional, but a regulatory expectation.
HM Treasury has published its response to the 2024 consultation on the Money Laundering Regulations, and at first glance, the proposed changes appear to be constructive, and in some cases, quite welcome.
Nearly half (46%) of UK accounting firms are open to private equity investment, a survey undertaken by law firm Kingsley Napley reveals
The ICAEW has indicated that it is expanding the definition of “Professional Behaviour” in its Code of Ethics to cover bullying, harassment, victimisation and unfair discrimination. Senior Leaders in accountancy firms need to be mindful of this important change: what should you do when behaviours which might breach the principle of Professional Behaviour are identified? An investigation should be undertaken, but it must be robust, fair and comprehensive. Potential criminal issues should also be navigated very carefully. You will then need to decide if, and how, any poor behaviours are reported to the regulator.
On 20 June 2025, The Terminally Ill Adults (End of Life) Bill (the Bill) was passed through the House of Commons, with 341 MPs voting in favour of the Bill and 291 MPs against the Bill, with a narrow majority of 23 votes.On 20 June 2025, The Terminally Ill Adults (End of Life) Bill (the Bill) was passed through the House of Commons, with 341 MPs voting in favour of the Bill and 291 MPs against the Bill, with a narrow majority of 23 votes.
What’s the issue?
The Care Quality Commission (CQC)’s update in May 2025 inevitably invoked a strong response with many in the health and social care sector. The regulator has openly acknowledged the significant delays that have affected providers in recent months - including in registration, assessment, report publication, and the handling of statutory notifications.
Another week, another consultation deadline for a proposed RICS standard. As foreshadowed in our previous blog, the Royal Institution of Chartered Surveyors (RICS) is currently seeking feedback on its proposed Responsible Use of Artificial Intelligence, 1st Edition standard (Proposed Standard).
Time is running out for Royal Institution of Chartered Surveyors (RICS) members and other stakeholders to have their say on RICS’ proposed second edition of its Countering Financial Crime Standard (Proposed Standard).
A summary of cases and news relating to Regulatory and Professional Discipline between February and March 2025
The landmark introduction of The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018. paved the way for legalised access to medicinal cannabis in the UK. Medicinal cannabis was subsequently defined as a special medicinal product which could be used in accordance with a prescription.
A recent High Court decision Whitehead v Westminster Magistrates’ Court [2024] EWHC 2868 (Admin) serves as a helpful reminder of the steps that one must take to establish valid grounds before a summons can be issued in a private prosecution.
Kingsley Napley LLP is delighted to have been reappointed as a panel law firm to The General Pharmaceutical Council (GPhC) following a competitive tender process.
A summary of media coverage between December 2024 and January 2025
There has been a demonstrable culture shift over the last five years. Social media is now an entrenched part of our lives. It has many uses, most of them very beneficial, but it has also led to some consequences which were unlikely unforeseen during its creation. Notably, at the click of a button, news and stories can become viral, which in turn has seen the rise of ‘cancel culture’.
Further senior hire for new regulatory advice service for changing legal sector as Juliet Oliver joins from the SRA
Andrew Sanderson
Shannett Thompson
Shannett Thompson
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