UK Employment Law\ Employer \ Employer Obligations & Liabilities
Employer’s Obligations and Liabilities.
An employer has a ‘duty of care’ role to fulfil in the workplace. This means that he or she must make sure that health and safety is adequately dealt with in the workplace. An employer must also be sure that the employee’s health, both physically and mentally, is safeguarded.
An employer is also liable for what employees do during their time at work. Thus an employer must make sure regulations on data-protection are adhered to. Attention should also be paid to how employees are using computer systems. A company can find itself on the wrong end of the law if employees are using work web access to surf online for illegal content. An employer must also adhere to equality laws, human rights regulations, and prevent all kinds of discriminatory behaviour.
An employer does have a defence against action being taken so long as they have done everything possible to prevent contraventions from taking place. Therefore, an employer must make sure staff have the right tools, skills and training for their work. They must also make sure that their employees are fully aware of laws that impact on them.
An employer can be held liable if there are laws broken by an employee while carrying out his/her duties. A boss can also be held liable for infringements unconnected with an employee’s job, if they were committed during work time and on the work premises.
The key areas of responsibility follow:
Health and safety
- Provide and maintain plant and systems of work;
- Ensure the safety and absence of risks to health when using, handling, storing and transporting articles and substances;
- Provide information, instruction, training and supervision to ensure the health and safety of employees;
- Maintain the place of work to make sure it is safe and without risks to health;
- Provide and maintain the workplace in regards to employees’ welfare.
Human rights
The Act received royal assent 9th November 1998 and came into force 2nd October 2000.
The Act gives UK law ‘further effect’ to European Convention rights and makes a remedy for breach of the Act available in UK courts. The remedy avoids the need to take a case to the European Court of Human Rights in Strasbourg.
Discrimination
- It is against the law for an employer of fifteen or more employees to discriminate against a disabled person;
- It is against the law for an employer of fifteen or more employees to discriminate against someone who has been disabled in the past (recruitment, terms and conditions, promotion, training, benefits, dismissal).
- when a job for a dramatic performance requires a particular racial group;
- when a job involves modelling in the production of arts, pictures or film.
Equality
The Equal Pay Act thereby modifies all the terms to make sure an agreement is not less favourable to one person of the opposite sex. Any employee who believes he or she is being treated less favourably can bring a claim. The Act does not only mean equality of pay, but equality in all contractual entitlements. Thus, if one person gets more holiday than another, just because they are different sexes, then it could be an answerable case under the Act. It also covers terms for: bonuses, subsidies and benefits. The instruments of the Act apply to all employees – whether male, female, part-time or full-time.
Data protection
- A party cannot disclose data to other parties about a subject, without seeking that subject’s consent first;
- It is an offence for Other Parties to see personal data without being granted consent;
- Data must be used for the exact reason for which it was collected;
- Every individual has the right to access information that is held about them, unless it is held with regards to the prevention or detection of crime;
- The Act prevents personal information being held for any longer than necessary;
- The Act states that information must be updated;
- Personal details must not be distributed outside the European Economic Area. The exception to this rule is when the subject of the data gives consent, or when there is adequate protection for the data;
- Apart from a number of exceptions, (for things like very basic processing and domestic data) all bodies that process personal data must register with the Information Commisioner;
- Anyone keeping personal details are required to have adequate security (firewalls and staff training);
Subjects can demand that factually incorrect data is corrected.
Email and internet.
This area involves Human Rights as well as Data Protection.
If you are unsure how to comply with any of the above areas, it is always wise to seek the professional guidance of a solicitor.
