Employers have a number of implied duties in the employment contract including a duty to provide a safe and suitable working environment, a duty not to destroy mutual trust and confidence, and a duty to provide redress of grievances.
In many cases the acts of an individual employee during the course of their employment can be treated as having also been done by the employer meaning the employer could be found “vicariously liable” for acts committed by an employee that are in breach of current employment laws.
There is a defence available to an employer if it can show that it took all reasonable steps to prevent the employee from acting in breach of the law such as ensuring the existence of effective HR policies however, in of itself this is not enough. Employers should also provide appropriate training for Directors, Managers and Employees to ensure they are aware of, and able to meet their legal responsibilities.
Employment Law Services (ELS) offer accredited e-learning training courses that are designed to provide businesses of all types and sizes the opportunity to ensure compliance with their legal obligations.
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