The UK offshore energy sector is no stranger to evolving safety standards, but the introduction of a new Safe Weight Limit Policy marks one of the most significant workforce wide changes in recent years. From November 2026, any worker travelling offshore must not exceed a clothed weight of 124kg (19st 5lb), a limit driven by the need to ensure safe helicopter winch rescue capability and other emergency response procedures.

It is estimated that more than 2,200 workers are currently above this threshold. Employers therefore face a sensitive and complex period of transition—balancing health and safety duties, employment law obligations, and the practical realities of supporting affected workers.

As an employment lawyer working closely with offshore organisations, here are the key risks and considerations for any organisation in the industry.

Discrimination

Under the UK Equality Act 2010, nine protected characteristics are legally safeguarded against discrimination, harassment, and victimisation. In the eyes of the law, weight is not itself a protected characteristic in the way that age, disability religion etc are However, many underlying causes of high body weight — such as metabolic disorders, mobility impairments, cardiovascular conditions or mental health related eating disorders — may meet the legal definition of a disability.

If an employee is unable to meet a weight limit because of such a condition, and they are no longer able to travel offshore, that could give rise to claims for disability discrimination.

There may also be other protected characteristics in play, such as sex and age. Statistically, men and older workers may be more likely to exceed the new weight threshold.

Employers will want to be mindful in terms of engaging with and supporting their staff to reduce the risk of such claims.

Unfair dismissal

At present, staff with more than two years’ service have the right not to be unfairly dismissed. That is reducing to 6 months from January 2027. To avoid such claims, employers will need:

  1. a potentially fair reason to dismiss; and
  2. to ensure they follow a fair process before dismissing.

If an employee is unable to get below the maximum weight limit, employers should proceed with caution and should not dismiss without properly investigating matters such as: whether the employee requires additional support over a short period of time to achieve the new weight; whether any disability might be preventing the employee from losing weight; and whether other roles / duties are available which might avoid dismissal if the employee cannot safely travel offshore.

Breach of contract

Depending on the circumstances and what is written in contracts of employment or associated policies, staff who cannot travel offshore because they are overweight and who are not remunerated for the period they would have been working offshore may be entitled to pay. It will therefore be important for employers to review existing contracts and policies and, where necessary, update those to clarify how that will be handled.

Data protection and privacy risks

Weight records and health related notes will almost certainly fall within special category personal data under the legislation. Employers will want to consider whether they have a lawful basis for processing the data and the safeguards they put in place to ensure compliance. Routinely weighing staff without proper privacy safeguards could expose employers to complaints to, and fines from the ICO.

What should employers be doing now?

The transition period (from now until the policy is implemented in November 2026) presents a helpful window. Employers should take early, coordinated action across HR, HSE, legal and operations which might include:

  • conducting an audit / impact assessment. This could document how the policy could affect different groups and what mitigations can be introduced. This is likely to be useful if the action taken by an employer in connection with the new weight limit is challenged;
  • reviewing contracts, and policies to ensure they remain fit for purpose, particularly to address expectations around pay or contractor costs in the event that someone is turned away at the heliport;
  • review processes, such as referrals to occupational health, to ensure you have a smooth system to get external input where required;
  • monitoring the effectiveness of support during that time – if staff aren’t losing weight, what else might you be able to do in order to support them?;
  • have clear and open channels of communication and give guidance to managers on how they should support and respond to staff queries; and
  • consider stakeholder specific messaging for:
    • employees
    • contractors
    • unions
    • media channels

OEUK’s proposed offshore weight limit is, at its core, a safety measure — but it carries significant employment law implications. Employers who start preparing now will be far better placed to navigate the transition fairly, lawfully and sensitively.

Podcast > OEUK Safe Weight Limit Policy: what you need to know

Contributor

Will Rollinson

Legal Director