What does the Terrorism (Protection of Premises) Bill mean for employers?

The draft Terrorism (Protection of Premises) Bill was published on 2^nd May 2023, also known as Martyn’s Law. This Bill has been created in recognition of the campaign led by the mother of one of the victims of the Manchester Arena bombings. This Bill would require those responsible for publicly accessible venues to take steps to reduce the threat to the public from terrorist attacks.

Although this Bill is aimed at those responsible for publicly accessible venues, there are specific ways that the measures set out in this Bill may affect you as an employer.

What is the current threat from terrorism?

The current national threat level from terrorism is “Substantial”, which means that an attack is likely.

Between March and June 2017 there were four terrorist attacks in London and Manchester in which vehicles, knives and explosives were used to kill and injure members of the public. A total of 36 people were killed in the attacks and almost 200 were injured.

Low sophistication assaults are now increasingly common in the UK as a result of a large diversity of the threat. Both the frequency and the type of the assaults have made them more difficult to identify and prevent, according to the Counterterrorism Police and security and intelligence agencies. Beyond the effects on the victims and their families, terrorism harms the economy by instilling fear, which has a broad negative effect on the general economy.

What is the objective of this Bill?

This Bill is aimed to change the current lack of mandatory requirements for those operating premises or events open to the public to consider terrorist threats, and apply proportionate protective security preparations and measures.

The key objectives of this Bill are to:

• ensure people’s safety;
• reduce the impact of terrorist attacks where they do occur;
• provide clarity on responsibility for security activity; and
• enhance national security by ensuring preparedness for terrorist attacks.

What does this Bill mean for employers?

Generally, the Bill will require employers to take additional measures to ensure the safety of their employees and the general public. In particular, Clauses 13 and 14 of the Bill addresses the provision of terrorism protection training for relevant workers to ensure staff know how to respond to potential terrorist threats.

A relevant worker has been defined as an individual who works at, or in connection with, the premises or event and who has responsibilities that make terrorism protection training appropriate. Subsequently, this will include employees who work part-time or full-time, workers, contractors and according to the Bill, individuals who are not provided with remuneration for their work, such as volunteers.

In practice, these additional measures will likely include introducing training and refresher courses to educate staff on their obligations. The requirement for terrorism training is relevant for both standard duty premises as well as enhanced duty premises and qualifying public events.

Additionally, the Bill does provide guidance as to when training must be given and what it needs to cover. The nature of the training will depend on several factors, such as the nature of the event and the size of the premises.

The Bill will also require employers to conduct risk assessments of their premises and implement more enhanced security measures. This may consist of using external consulting support to assess and mitigate any risks appropriately. Employers will also be required to report any suspicious activity to the authorities and to maintain detailed records of their security measures. Similarly, all records of training provided to staff must also be retained as evidence of compliance with this Bill.

What next?

The Government confirmed their intention to bring forward this Bill in December 2022, which has now been published for pre-legislative scrutiny by the Home Affairs Select Committee. The Bill will next be examined in detail prior to the final version being drawn up by the Government. Although this Bill is still in the process of being passed and may be subject to change, employers should stay informed on any updates to the Bill and adjust their security measures accordingly.

If you have any questions about this Bill or have any other employment related questions, please contact our employment law team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.