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All charitable organisations have a duty of care towards their employees, volunteers, trustees and the general public. John Cleghorn, account executive at commercial insurance broker and risk management specialist Gallagher, explains how this needs to be kept front of mind.
Duty of care isn’t just about avoiding risk, but instead requires charitable organisations to use risk management policies and procedures to make environments safe for their workers, whether they operate in the UK or overseas.
Organisations in the UK have a common law and non-delegable duty of care to protect employees from risk and to ensure that their safety is not compromised through the negligence of the employer. If they fail to do that, a negligence claim could be brought against them and, if found to be legally liable, they could have to pay out damages.
Examples of the duty of care placed on the employer include:
- Providing a safe working environment, including while travelling for work purposes
- Providing information and instruction on potential hazards and threats
- Providing supervision to ensure worker safety
- Monitoring the health and safety of employees
- Employing competent persons to provide health and safety advice
- Monitoring conditions at all locations under your control and management
- Maintaining appropriate employee records
But it is important that an organisation’s responsibility for taking care of their people is not driven solely by the fear of being sued. While having an appropriate insurance policy in place can satisfy legal obligations, it does little to demonstrate a desire to care for and protect those you have a duty of care towards. Instead, ensuring you also have the right risk management programme and crisis plan in place can help organisations fulfil their duty of care to employees, volunteers, trustees and the general public.
For more information, contact Gallagher on 0800 6123758, email[email protected] or visit www.ajginternational.com
