As lithium-ion batteries become the preferred power source for forklift trucks and other materials handling equipment, questions around responsibility for their end-of-life management are becoming increasingly important across the industry. While many businesses assume the obligation lies with the manufacturer or the end user, the legal position is often more complex.
David Goss, technical director at the
UK Material Handling Association (UKMHA), says uncertainty around lithium-ion battery recycling is widespread, yet the consequences of misunderstanding the law can be significant. He explained: “There are clear legal duties in place,. Businesses that fail to meet them risk regulatory action, unexpected costs and serious environmental and safety implications.”
Central to the confusion is the legal definition of a ‘battery producer’. In UK law, the producer is not necessarily the company that physically manufactures the battery. Instead, it is usually the first organisation established in the UK that places the battery, or equipment containing the battery, onto the UK market. This includes businesses that import lithium-ion batteries or battery-powered forklift trucks directly from overseas, including from the European Union.
Mr Goss said: “As soon as a company imports lithium-ion powered equipment or batteries into the UK, it is likely to be classed as the producer. That status automatically brings responsibility for ensuring those batteries are properly managed when they reach the end of their working life.”
Where forklifts or batteries are sourced from a UK-based supplier, responsibility for recycling typically remains with that supplier rather than the customer. However, Mr Goss warns that some customers may be incorrectly asked to take on responsibility that does not legally sit with them.
He added: “If you have purchased equipment from a UK supplier, they must accept end-of-life lithium-ion batteries back from you free of charge and ensure compliant recycling. That duty cannot simply be passed on.”
Understanding who carries responsibility matters because lithium-ion battery recycling is a legal requirement, not a voluntary initiative. These batteries contain materials that can pose serious fire and environmental risks if damaged, stored incorrectly or disposed of outside approved recycling routes. Incidents involving poorly handled lithium-ion batteries are increasing, particularly during transport and storage, making compliance essential not only from a regulatory perspective but also from an operational safety standpoint.
Businesses that are classed as battery producers must meet several ongoing obligations. They are required to register with Defra as a producer, maintain records of the batteries they place on the UK market and submit annual reports. Producers must also offer free take-back of end-of-life lithium-ion batteries from customers at a UK address and ensure the batteries are transferred to approved recycling facilities.
In addition, they must provide clear and accessible information outlining how customers can return batteries safely, and they must work with specialist partners capable of handling, storing and transporting used batteries in line with safety regulations. For companies unsure about their position, Mr Goss suggests starting with one key question: did the business import the batteries or trucks directly from outside the UK? If the answer is yes, then it is almost certainly the battery producer in the eyes of the law. If not, and the equipment was purchased from a UK-based supplier, then responsibility remains with that supplier.
Lithium-ion batteries present a greater challenge than traditional lead-acid units, which many materials handling professionals are more familiar with. They are more complex to dismantle, more expensive to recycle and require stricter controls throughout their end-of-life journey. As lithium-ion adoption continues to accelerate, these issues are no longer theoretical but business-critical.
Mr Goss concluded: “Recycling arrangements should be considered at the point of purchase, not when a battery fails. Forward planning, clear contractual arrangements and the use of competent recycling partners are essential.”
The UK Material Handling Association provides guidance and practical support to members navigating lithium-ion battery compliance and recycling obligations. Further information is available on the Association website.