The Universities Safety and Health Association (USHA) has published new guidance, entitled ‘Leadership and management of health and safety in higher education institutions’. It replaces the previous guidance issued in 2001: ‘Health and Safety Management’.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (‘the Regulations’) have been published in draft form and are due to become effective on 1 October 2015. The Schedule to the Regulations lists ‘excluded tenancies’ which include student halls of residence. It appears, however, that houses of multiple occupation (HMOs) owned by HEIs would still fall within the scope of the Regulations.
In Newbound v Thames Water Utilities Ltd  EWCA Civ 677, the Court of Appeal considered an unfair dismissal claim and observed: ‘The “band of reasonable responses” has been a stock phrase in employment law for over thirty years, but the band is not infinitely wide.’ Further, the Court of Appeal noted that ‘There is no special rule about assessing the reasonableness of a dismissal on conduct grounds where the alleged misconduct involves a breach of health and safety requirements.’
The Upper Tribunal (Lands Chamber) considered whether a lease that obliged a landlord to insure against the ‘usual comprehensive risks in accordance with the Council of Mortgage Lenders Recommendations’ required a landlord to insure against terrorism.
What are the Government approved codes of practice for accommodation for the higher education sector?
The Housing Act 2004 introduced a system of licensing for houses in multiple occupation in England and Wales. In accordance with paragraph 4 of Schedule 14 to the 2004 Act provision was made for the exemption of buildings occupied by persons for the purpose of undertaking full-time further or higher education at specified educational establishments, where the person managing or having control of that building is the educational establishment in question or a specified person or persons of a specified description.
The Health and Safety Executive (the HSE), has reported that from 1 October 2013 certain changes will be introduced to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995. This is to simplify the mandatory reporting of workplace injuries.