Duty of Care – Organisational Responsibilities

In the UK, irrespective of the size, scale or nature of your organisation there is a legal obligation for your leadership team to proactively ensure the safety, security and general well-being of all staff working on your behalf or on your premises, whether in the UK or overseas. It is also ethically and morally the correct approach for business leaders to take.

This legal obligation comes in the form of Health and Safety legislation and within the Corporate Manslaughter and Homicide Act 2007 which is very topical and of significant importance to those organisations that send staff overseas on their behalf.

The difference now is that with the 2007 Act companies, organisations and individuals can be found guilty of corporate manslaughter if as a result of a serious management failure caused by a gross breach of duty of care responsibilities somebody dies. The easiest way that legal action can be avoided would be by ensuring your policies, practices and procedures are up to date, relevant and shared with the workforce in a proactive manner. That does not mean saying “read the government travel advice” it actually means that there has to be a proactive assessment of the potential risks, briefings and training where necessary and open discussions between management and staff about expectations.

For those organisations that have neither a risk management strategy (including security, safety, insurance etc.) it is advisable for one to be created and for meaningful assessments to be conducted. Where organisations don’t have or understand the requirements of a risk management policy professional help and guidance should be sought.

For any security, risk or crisis management advice or guidance feel free to email (enquiries@tridentmanor.com) or telephone for a free no obligation initial consultation.

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