Legal Responsibilities of Employers and Employees
Many employees in today’s society have to deal with confrontational situations in the workplace. Employees may become victims of verbal abuse, harassment, threats or even physical violence. Our training is specifically designed to provide employees with practical skills to Prevent and Manage Violence and Aggression in the workplace. For your information we have highlighted the key points in employment legislation that define the responsibilities of employers and employees
Health & Safety at Work 1974
Section 2 (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all his employees. Section 2 (2) (c) It is the employers responsibility to ensure that employees receive such information, instruction, training and supervision, as is necessary, to ensure the health, safety and welfare of staff by ensuring staff are competent. Section 7 It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work
Criminal Law Act 1967 - Section 3
Any person may use reasonable force in self defence. Whilst the law imposes a duty on a potential victim to retreat and escape it may not always be possible. In this case the use of force and or restriction of liberty in self defence is likely to be considered legitimate. Terms used in both civil and criminal law.
Management of Health & Safety at Work Regulations 1999
Employers must consider the risks to employees (including the risk of reasonably foreseeable violence); decide how significant these risks are; decide what to do to prevent or control the risks and develop a clear management plan to achieve this.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
It is a legal requirement for all staff to report any incident in which their safety is compromised. (Riddor 2013) Where Company policy makes it clear that staff are expected to report violent/aggressive incidents, staff could be held to account by courts and tribunals for any breaches. In the event of something going wrong and a criminal investigation into alleged abuse or assault, both the company and the staff member may be required to demonstrate that company policy, including proper reporting & recording, has been followed.