Importance Of Duty Of Care

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Register to read the introduction… Employers have what is termed ‘ a Duty of Care ‘ to employees. This means Employers must ensure all reasonable steps are taken to ensure that the employees health, safety and well being are protected. In real terms employers are bound by health and safety and employment law, together with common law duty of care. For an employer to ensure the physical and mental well-being of it’s employees, it should not be seen simply as a legal obligation but more as sound business sense; for this consideration from an employer builds trust and so increases productivity, staff retention and employee engagement.
The main considerations for an employer under Duty of Care are: * Defining jobs and duties clearly * Ensuring a safe working environment and undertaking risk assessments * Ensuring staff do not work excessive hours and also providing areas for rest and
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Hold the meeting to discuss the allegations and determine whether any action is needed to be taken 3. Allow the employee to appeal against any disciplinary sanction
In addition to the process the employers should ensure the following: * Issues are dealt with promptly by both parties * Both parties should act consistently * Investigation should be carried out to establish the facts * Employees must be informed of the issue and given an opportunity to put forward their case * To allow employees to be accompanied for any formal hearing * To allow employees the right to appeal
The right to be accompanied by a fellow employee or Trade Union representative only applies as part of the dismissal process or disciplinary procedures which may result in: a formal warning being issued, suspension without pay or demotion or dismissal, the confirmation of a warning or other disciplinary action eg appeal hearing. The right does not extend to informal discussions or counselling or meetings which may lead to disciplinary action.
In the case of the employee suspected of attending work under the influence of illegal drugs the following steps need to be taken: * Consider why the allegation has been made – Performance? Conduct? Accident at
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(2013). Transfer of undertakings (TUPE). Available: http://www.acas.org.uk/index.aspx?articleid=1655. Last accessed 8th April 2013.
Barry Cushway (2012). 2012-2013 The Employers Handbook. 9th ed. Londo n: Kogan Page. Chapters 11-17
Eurofound. (2011). Freedom of association. Available: http://www.eurofound.europa.eu/areas/industrialrelations/dictionary/definitions/freedomofassociation.htm. Last accessed 8th April 2013.
Eurofound. (2011). Freedom of association. Available: http://www.eurofound.europa.eu/emire/UNITED%20KINGDOM/FREEDOMOFASSOCIATION-EN.htm Last accessed 8th April 2013
FindLaw UK. (2013). Discrimination because of trade union membership or activities. Available: http://www.findlaw.co.uk/law/employment/discrimination/500294.html. Last accessed 8th April 2013
Gov.uk. (2013). Guide Joining a trade union. Available: https://www.gov.uk/join-trade-union/trade-union-membership-your-employment-rights. Last accessed 8th April 2013
HRCR. (1981). Young, James & Webster v. United Kingdom, 44 Eur.Ct.H.R. (ser. A) (1981). Available: http://www.hrcr.org/safrica/labor/Young.html. Last accessed 8th April 2013.
HSE. (2013). Employer's responsibilities. Available: http://www.hse.gov.uk/workers/employers.htm. Last accessed 8th April

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