Workplace due diligence is more important than ever, and now is the time to make sure your business isn`t left behind. Fulfilling modern due diligence means using modern solutions. Make sure you have a robust and reliable two-way emergency notification system. If you have the right processes and tools in place, you`ll quickly find that it`s possible to communicate effectively with employees about all kinds of emergencies and other potential threats, protecting them and your business. Once you`ve thought about these issues, you can list your due diligence ideas and determine how to meet your obligations. This may include prioritizing tasks and developing action plans to implement your new due diligence principles. A duty of care can include anything from handling complaints to providing PPE. The rules are set out in employment law, and there are many things you need to follow. Employers have health and safety responsibilities under the common law. We all do. We owe each other “due diligence,” and if we fail to comply, we may be guilty of negligence. Employees who feel valued and safe are likely to feel more comfortable in their work.
This helps to reduce stress and improve workforce morale. Lower levels of stress at work are inherently positive and have been shown to contribute to productivity, as employees can go home at the end of the day and “disconnect” from work, allowing them to come to work the next day rested. If you don`t meet your legal obligations to protect your employees, it can be very costly. The HSE estimates that the average cost per non-fatal workplace accident is £8,800 and that the upper limit of fines, usually for fatal injuries, can be as high as £10 million. In addition to the legal fees that come with a breach of liability, a damaged reputation can result in additional financial costs, as potential customers may be discouraged from using your business. Doing your due diligence reduces your liability in the event of an incident, and certain security measures can even reduce insurance premiums. This makes implementing solutions such as PPE or a personal safety device a much more cost-effective alternative. Global Guardian`s due diligence is designed to protect your travelling or expat employees from harm and protect your business from legal risks. Our duty is to fulfill your duty. Global Guardian can seamlessly integrate with your existing HR or travel support team to provide tailored due diligence solutions to protect your employees at home and abroad.
Global Guardian can provide country-specific reports and expert advice to establish and implement company-wide global travel security programs leveraging technology and military experience. In the field of enterprises, there are several areas in which a non-delegable duty of care of the employer applies. For example: Unfortunately, there is no universal answer to this question. Responsibilities are slightly different for each company – depending on how your employees spend their workday. For example, the due diligence of a construction company is likely to be different from that of a software company. A social duty of care – You may have heard the phrase thrown out by companies touting their commitment to employees and workplace safety. When some people hear the phrase, they associate it with law firm ads, assault lawsuits, and large payouts. But what exactly is it? In this way, they can demonstrate regulatory compliance and protect employees and the company as a whole.
Here are the steps you can take to achieve this: Due diligence has been developed by case law, which means that with each legal proceeding, how a duty of care applies is more precisely defined. The first key case was the neighbourhood principle in Donaghue v. Stevenson mentioned above, and it goes back to 1932. It wasn`t until nearly 60 years later, in 1990, that Caparo Industries vs. Dickman added more requirements to introduce a duty of care. For example, an employer`s duty of care with respect to employee stress includes the provision of health assessments. These identify and minimize workplace risks that affect people with mental illness. In the case of workers on long-term leave and where the employer has an occupational health team or has access to an external provider, a reference should be made for assessment. In this way, recovery recommendations can be tailored to the needs of the individual in the specific context of their professional role. Even during short-term stress-related sick leave, seeking expert advice not only helps prevent the recurrence of employee symptoms, but also demonstrates your commitment to the health, safety and well-being of your employees. This comprehensive guide outlines the legal responsibilities imposed on an employer with respect to the mental well-being of its workforce, from legal and customary due diligence towards employees to the practical and legal consequences of not complying with this obligation.
There are no specific rules or laws relating to due diligence; Instead, it has been established by the case law of claims for negligence. In order to fully discharge their legal responsibilities, employers must comply with relevant health, safety and labour legislation, as well as additional common law due diligence measures. Employers must also provide equipment, training and policies to minimize threats to the well-being of their employees. Employees in the UK have an additional legal responsibility to protect themselves and their employees from harm. The consequences of a breach of duty of care are damages. As a rule, the plaintiff will make a claim for reimbursement or compensation for the damage suffered. For small businesses, this can have a big impact. But for larger companies with larger profits, that`s not necessarily a big deal. An annual subscription to their membership packages provides employers with a huge amount of information and, most importantly, peace of mind that the company and its employees are well taken care of.
Since due diligence is defined by general law, there are no specific regulations or laws for it. There is no due diligence legislation or due diligence regulation. It has been developed over the past 100 years through case law and negligence lawsuits. Ask yourself what you`re already doing to protect your team members. You may find that you`re already doing enough, based on your company`s compliance with the regulatory framework, as well as its own definition of due diligence and employee feedback. If so, great! But why do we need health and safety laws when we already have a duty of care? The development of these health and safety laws and regulations brings many benefits in terms of protecting people. By law, an employer is required to ensure the health, safety and well-being of its workforce to the extent possible, including their mental well-being. Work-related stress is now widely recognised as a serious health and safety issue in the UK, where employers are obliged to treat this condition like any other hazard in the workplace. Under the Equality Act (2010), workers with physical or mental disabilities are entitled to appropriate adjustments. You may be more familiar with the term negligence.
Negligence is the term used for breaches of due diligence. If someone is negligent, it means that they have not fulfilled their duty of care and have harmed that person. You can also do this across your organization to create an enterprise-wide manifesto that lays out three or four guiding principles for an acceptable level of due diligence.