Further Info
Friends and readers. A reader from Glasgow has asked us if we can elaborate further on the reply we gave to our friend in Dundee.
Of course we are delighted to do so.
Contractual obligations.
1] It is an implied term of every contract of employment that the employer will fulfill his duty of care to employees. Properly constituted and meaningful consultation should examine custom and practice where employer’s changes and impositions occur which are likely to effect conditions of employment and the dignity at work and personal well-being of employees.
2]Employer Responsibilities.
The three principle legal obligations on employers can be summarized as follows.
1]Legal Case:A] Through relevant Health an Safety and Employment law.B] Common Law duty of care.
Moral an Ethical case: A] Not to cause physical and psychological injury.B] Empolyer’s responsibilities for Personal Injury and negligence claims.
Business Case:A] Business benefits to be gained from good working environment and practices.B] Impact and cost to nation,employer and employee of long-term sickness absences.
Work-Life Balance
There is now a greater emphasis on’family-friendly’work policies and recognition of the need for a proper life-work balance for all workers at all levels. Those employers who run rough-shod over employees and care little for their well- being are open to challenge.
Section 2.
Section 2 of the Health and Safety at Work Act places a duty upon all employers to ensure the health[including mental health],safety and welfare of all employees and to create safe and healthy working systems. RIDDOR 95 [Reporting of Injuries,Diseases or Dangerous Occurrences Regulations]. Under RIDDOR, employees have the right to report all incidents of a danger to them,including bullying and harassment. Employers are legally obliged to have reporting proceedures in place. Industrial Injury form B195 available from the Department of Work and Pensions should also be completed.
Management of Health and Safety at Work 1999 [includung the Approved Code of Practice]
This regulation deals with the requirement on employers to assess all risks to the health and safety of employees and to provide them with comprehensive and relevant information on those risks and actions to mitigate those risks. It also requires the employer to take into account individual’s capabilities when assessing the risks.Failure to produce and/or act upon assesments may be evidence of negligence
Negligence and Liability.
Employers must provide a safe place of work,a safe system of work,safe plant and appliances and safe and competent fellow workers. If an employer fails to take reasonable care to protect an employee froma forseeable injury by failing to provide any of the above,he or she could be found to have breached the ‘duty of care’. Redress would be via Cival or Criminal law.
Once again we are delighted to help our readers on these matters.