What does 2022 look like for the forestry sector?

Senior associate Ramsay Hall, senior solicitor Tony Convery, managing associate Kate Donachie and practice development lawyer Julie Keir from Brodies LLP provide an overview of what’s ahead for the sector in 2022

2022 is almost upon us, so many businesses and organisations operating in the forestry sector will be looking to, and planning for, what’s coming in the year ahead.

From upcoming changes in employment law through to risks and hazards created or compounded by a shortage of workers, a key theme for the sector in the months ahead is looking after its people and ensuring they have a suitable, safe environment to work in.

Below is a run-through of some of the main areas where changes or challenges are expected.

REGULATORY RISKS FROM LABOUR SHORTAGES

The forestry sector has always faced a range of regulatory risks, including fatalities, health & safety and environmental. The current worker shortage, which looks set to continue into 2022, creates a new, additional risk.

Unlike in other rural sectors, agencies that supply forestry workers do not need to register with the Gangmaster & Labour Abuse Authority, the UK organisation created to protect vulnerable and exploited workers. This means that there is no straightforward way for forestry businesses to verify the identity of labour suppliers or to confirm that those suppliers are complying with their legal obligations, including in relation to modern slavery and human trafficking. It is therefore important for those who are procuring forestry workers to carry out due diligence on labour suppliers prior to engaging their services.

In addition, where a forestry business assumes responsibility for paying workers supplied by someone else and/or for arranging their living arrangements, it is important that the business itself takes care to comply with minimum wage and adequate living condition requirements.

Failure in this area poses significant risk, not only to a business’ reputation, but also because of the potential for investigation and prosecution for regulatory breaches. Now is the time for responsible forestry businesses to review their regulatory compliance measures.

HEALTH & SAFETY CONSIDERATIONS

Although the immediate impacts of labour shortages are perhaps easily appreciated, the longer-term cost of neglecting health & safety measures can be overlooked. A key challenge for the forestry industry in the coming year will be ensuring that health &

ALTHOUGH THE IMMEDIATE IMPACTS OF LABOUR SHORTAGES ARE PERHAPS EASILY APPRECIATED, THE LONGER-TERM COST OF NEGLECTING HEALTH & SAFETY MEASURES CAN BE OVERLOOKED

safety standards are maintained notwithstanding the pressures on the workforce.

• Understaffing: Understaffing can lead to health & safety safeguards being overridden, for example the requirement for double manning or the need for lookouts and banksmen. Another casualty can be maintenance of equipment, the effects of which might not be felt for some time, but which can be difficult to reverse.

• Overworking/excessivehours: Businesses should be mindful of the risks that accompany increased working hours. This is particularly apparent in forestry where staff are required to operate dangerous machinery and where the potential for accidents and injuries caused by human fatigue is high.

Alongside the increased risk of accidents and injuries, there can also be an impact on more general wellbeing where understaffing and overworking become a chronic problem, with studies carried out by the World Health Organization and the International Labour Organization showing links between overworking and increased risk of physical illnesses such as heart disease and stroke. The impact of long hours on mental health is also well recognised.

• New and inexperienced staff: Even if we can expect labour shortages to ease in the new year, recruitment brings its own risks and challenges. New staff are likely to be inexperienced or unfamiliar with the operation and, at the same time, there may be less resource for effective training and supervision.

Recognising the impact of the labour shortage on health & safety is the important first step in managing these risks, thereafter, taking action now to protect workers, while challenging, should put operations on the best foot for the future.

EMPLOYING PEOPLE FROM WITHIN THE UK AND OVERSEAS

As well as the continued impact of the pandemic on the way we work, some important employment changes are due to come into force via the next Employment Bill. • COVID-19: Employers will need to continue to comply with government guidance and workplace risk assessments; decide what approach to take on vaccination; deal with anyone refusing to return to work; and, where relevant, implement new hybrid working practices.

• Pay and tax: From April 2022, annual increases in the national minimum wage and statutory rates will take effect (the national living wage is set to rise to £9.50 per hour); and a 1.25% rise in National Insurance contributions for employees and employers liable for Class 1 NICs, and the self-employed liable for Class 4 NICs, will apply.

• Immigration: New immigration routes will be available from 2022 including an expanded youth mobility scheme; and new ‘high potential’ and ‘scale-up’ visas. The UK Government also intends to introduce a new digital right to work solution when the COVID-19 right to work adjustments (which allow scanned documents and video calls) end on 5 April 2022.

• Flexible working: A consultation is currently taking place on ‘making flexible working the default’. The proposals include making the right to request flexible working a ‘day one’ right; and requiring employers to suggest alternatives if they intend to refuse a request.

• Working patterns: Workers without a fixed working pattern will be given a right to request a more predictable work pattern after 26 weeks’ service.

CONFOR MEMBERS

FREE LEGAL CONSULTATION

Confor has partnered with law firms Brodies LLP and Atkinson Ritson Solicitors to run a legal clinic for members looking for guidance on key issues that impact forest owners and the forestry sector. Whether your query is employment law, health & safety, planning, tax or property-related, contact one of our partners for a free initial consultation.

For members based anywhere in the UK

Brodies LLP 0131 228 3777 www.brodies.com confor@brodies.com

For members based in England/Wales

Atkinson Ritson Solicitors 01228 525221 www.atkinsonritson.co.uk info@atkinsonritson.co.uk

• Sexual harassment: There is going to be a new duty on employers to take ‘all reasonable steps’ to prevent sexual harassment in the workplace, backed up by a statutory code of practice.

• Time off: The government plans to introduce a right to one week’s unpaid carer’s leave per year; and statutory entitlement to up to 12 weeks’ paid neonatal leave.