Fulfilling Your Duty of Care Requirements Duty of care is your base responsibility when having employees or contractors engage in work that may lead to physical harm under reasonably normal circumstances.An employee who wishes to pursue legal action against their employer for negligence must first prove there was a breach in the duty of care on the part of the business. A breach in duty of care may not always be the most obvious situation, but can be conflated with informal social contracts and tacit implications of an agreement. Ensuring your business has a proper duty of care understanding and enforcement strategy is essential to thriving as a growing business in the UK. A proper duty of care policy and enforcement will pay itself off in spades in comparison with just one lengthy, litigious nightmare. In the United Kingdom the duty of law case precedent is unique in some ways. In order to establish a breach in duty of care in the United Kingdom the plaintiff must prove several things before proceeding with a negligence claim. There is the idea that the harm must have been reasonably foreseeable, there must be a relationship of proximity to the defendant and plaintiff, and it must be considered fair, just, and reasonable to impose liability in the situation. The investment in the proper consultants and legal team can save you significant amounts of money when utilized properly. Covering your bases for duty of care is not as complicated and complex as it can sound however. Many of the requirements to protect yourself are simple common sense, while others can become more complicated. Ensuring your employees take breaks appropriately and have an area for rest and relaxation can make the difference in establishing proper duty of care. It is important to note as well that if you fail to provide proper channels for employees to raise concerns, or if you fail to protect staff from discrimination, you may be liable in court.
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In the UK there are a high amount of foreign workers which brings on additional liability for business owners and managers. Many business owners prefer hiring foreign drivers without considering there is a separate Visa necessary to drive in the UK. You may be liable for any and all damages as the business owner if you fail to ensure that your foreign workers have obtained a proper Visa to drive in the UK. While ensuring your business fulfills duty of care requirements it can be both an intuitive, yet complex process. Because every company and every employee is unique, you should have a duty of care policy which reflects just that.Why not learn more about Guides?