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Putting together a Health & Safety policy for your workplace

All business owners have a legal responsibility to ensure the safety and good health of their employees and the general public whilst they are on the business premises. However, if you are running a business which employs a staff of five or more people, then you are also legally obligated to have a written health and safety policy in place. Before you can accomplish this properly you need to know what the areas of risk within your business are, which can be achieved through a risk assessment. The findings of this assessment should form the basis for your policy.
The majority of companies in this position opt to divide their health and safety policies into three sections: the general policy statement, which lays out the company’s commitment to ensuring health and safety and what it hopes to achieve with the policy; the responsibilities part, in which the company clarifies exactly who is responsible for what; and finally the arrangements part, which outlines how the company plans to carry out the aims of the policy which were detailed in the first section. An example of a standard company health and safety policy is available on the website of the Health and Safety Executive, and this organisation – or your local council environmental health department – will also provide companies with assistance in formulating an effective policy, if this is required.

It is extremely important that all of the information contained in your company’s health and safety policy is known and understood by the employees of the company, and that they are fully aware of what their responsibilities are, should an incident occur. Therefore it is often useful for companies to consult with staff when developing health and safety measures for the workplace – especially as they are the people most likely to be impacted by any failures in this area.
These Health & Safety policies don’t just include physical injuries but also outline a companies responsibilities when someone is mentally injured be it through bullying, sexual harassment, stress or any other mental injury an employee could suffer. It is vital that you are very clear on this section of the document as it can be quite a grey area legally.

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At Program IT (UK) Ltd, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit sexualharassmentintheworkplace.co.uk, and how we safeguard your information. We never sell your personal information to third parties.

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The Equality Law Act 2010

The Equality Act encapsulates nine other pieces of legislation, putting them under the same umbrella to simplify and to encourage compliance. The Equality law aims to encourage understanding and to protect vulnerable people from all forms of discrimination.

Aspects of many of the Acts which have been incorporated have remained the same, however there have been changes to others, some expanded and others introduced for the first time.

Equal Pay Act (EPA)1970

If, as an employer you are unable to prove that a variation in a male’s contract is a genuine material difference to that of females, an equality clause shall operate.

It is unlawful to discriminate between genders where similar work is being done this includes benefits, holiday entitlement and pension rights.

The Pensions Act 1995

This Act requires the principle of equal treatment for occupational pension schemes for men and women.

Occupational pensions (Equal Treatment) Regulations – as amended 1995

This regulation allows a court or a tribunal to make an assertion as to an applicant’s right to equal pension treatment

Sex Discrimination Act 1986 – Amendments to 1975 law

This Act was necessary to bring British legislation into line with European requirements
Amendments included:

• It is now unlawful for an employer to set different retirement ages for men and women
• Complaints of unfair dismissal by women will now be equal to men
• The restraints on women’s hours and times of work have been removed
• Special designation for organisations to offer single-sex training is removed.

The Sex Discrimination (Gender Reassignment) Regulations 1999

This Act protects the rights of people who intend to undergo, are undergoing, or have undergone gender reassignment. The statement clarifies that employers must not treat such employees less favourably than other employees.

The Gender Recognition Act 2004 became law on 4 April 2005.

This enables transsexuals to be legally acknowledged with full rights to marry, and obtain a birth certificate in their chosen gender once a gender recognition certificate has been issued

 The Employment Equality (Sex Discrimination) Regulations 2005

It makes adjustment to the definition of harassment at work and indirect discrimination. It also clarifies discrimination on the grounds of pregnancy and maternity leave.

The Human Rights Act  1998

These rights are guaranteed under the European Convention on Human Rights. It is not lawful to breach these rights without an act of Parliament

‘Human rights’ are the basic rights and freedoms that belong to every person in the world.

Your human rights are based on principles such as dignity, fairness, equality and respect and to protect your freedom. They are in place to protect your right to expect to be treated with justice and impartiality in your day to day life. 

The Equality and Human Rights Commission is the official body working to combat sex, sexual orientation and gender reassignment discrimination and to support individuals bringing claims.

The Equality and Human Rights Helpline numbers are

England
0845 6046610

Scotland
08456045510

Wales
08456048810

www.equalityhumanrights.com

The Advisory, Conciliation and Arbitration Service (Acas)

Offers free, confidential and impartial advice on all employment rights issues.

You can call the Acas helpline on 08457 474 747.

Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

References

Occupational stress in health service workers in the UK
David Rees ¹, Cary L. Cooper – Department of Clinical Psychology, North Manchester Health Authority, North Manchester General Hospital, Crumpsall, Manchester M8 6RL, UK Manchester School of Management, University of Manchester Institute of Science and Technology, UK

Berr
Health and Safety executive
Tribunals Service  – Direct Gov
Ministry of Justice
Sex discrimination Act 1975

This document was reviewed in Jan 2012, however where necessary please seek advice and clarification from a legal expert. The information contained in this website is not a substitute for legal advice.

Your workplace health can be affected by harassment and discrimination as you will perpetually worry about the next round of abuse to expect. Minor stress in our lives can be enhancing however stress caused by fear and anxiety can result in both psychological and physical illnesses.

Symptoms of Stress

• Anxiety attacks
• Nausea and stomach complaints, indigestion , heartburn
• Headaches
• Sleeplessness
• Addictive behaviour – drinking, smoking, drug abuse
• Heart palpitations
• Eating disorders
• High blood pressure
• Dizzy spells
• Irritability

You will not suffer all or even any of these symptoms but being aware that harassment and discrimination can have the potential to cause real sickness in the workforce is one step closer to a solution.

Counselling

If you are suffering from one or a combination of the problems it may be helpful to go and speak to your doctor. It is advisable to use counselling services if they are offered and if they are offered and available at work, discuss if you are being harassed and how you feel about moving forward with a solution.

It is very easy for people who do not understand just to “say stand up to them”.  The person who is causing you such misery is usually quite a dominant personality, one who is manipulative and abusive. You need to look after yourself first and foremost and when you feel mentally strong enough and with support you will find the strength to take the bull by the horns and get a result.

Job satisfaction and reduced stress or harassment means a more content workforce. Productivity, and lower staff turnover means lower costs for the Employer. For the employee it means a healthier happier life a win, win situation.

All articles on this site are for information purposes only please consult a solicitor for legal advice

Discrimination law is now under the umbrella of the Equality Act 2010, it covers many aspects of discrimination law including sex,age,disability or gender discrimination. When the new Equality Law came into affect it has had major implcations for all people who are being subjected to discriminating behaviour.  Please look at the site below for more information www.equalitylawadvice.co.uk

If you are being harassed, there may be legal action you can take besides going to an employment tribunal. You can  speak to a solicitor regarding this matter who will be sympathetic and understanding and inform you of any options you may have open to you.

All articles on this site are for information purposes only please consult a solicitor for legal advice

 
Employment tribunals were set up to resolve disputes and differences between employers and employees.  If you have been advised to go down this route the  first step will be to see if ACAS (Advisory Conciliation and Arbitration Service) can resolve the matter. If the matter is not resolved  with the help of ACAS then the matter is taken to a Tribunal where your case will be put forward to an independent judicial body.
 
There have been recent changes to the rules of procedure which came into affect on the 6 April 2009 therefore if you require forms and guidance please click below

ww.employmenttribunals.gov.uk

 
It is very difficult when you are aware of discrimination and or harassment in the workplace and have decided not to tolerate it any longer. If you are the one being discriminated against at work due to raising issues with the management regarding any kind of harassment or discrimination you are protected; the law protects you, the Equality Law which was introduced in October 2010 has introduced new and revised laws which may have altered or improved the Laws protecting you .
 
Click here to see if the new law has affected you www.equalitylawadvice.co.uk

If you believe you have been labelled a troublemaker or whistleblower and feel victimised , you need to get advice from a union member / advisor or a solicitor to talk over your options. When you decide to speak out, often you can feel as if you are the one who has been committing the offence and not the perpetrator.
 

To stand by and do nothing endorses the destructive and demeaning behaviour,

make your voice heard

When you are asked if you have witnessed discrimination or harassment towards one of your work colleagues what would you do?

 Not say anything – after all you don’t want to loose your job or would you stand with them ?

- One day it might be you -

 
If you have consulted your line manager and they have spoken to the person who is harassing you, and the situation has not improved. You may decide to take the matter further by making a formal complaint.
 
By Law all company’s have a complaints or grievance procedure. This is a positive approach which you can take when you feel you are not being listened to. It is usually the course taken after you have exausted all other avenues to resolve the complaint.
 
There are draw backs to making a formal complaint which you need to be aware of. If you are working for a large corporate who prides themselves on their care of their staff you may be treated fairly. However if you work for a small/ medium sized business they may not react in quite the same manner.
 
In law  it states you are protected from victimisation or harassment but in the real world you may be at risk of loosing your job, or being forced out. There is action you can take against this treatment; you can make a claim for unlawful victimisation to an employment tribunal. You will need to speak to a union member / advisor or a solicitor to talk over your options.