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In the UK, employers have a range of legal responsibilities towards their employees. This is as it should be: work is central to most people’s lives. They spend a significant amount of their lives at work and employment is vital for most workers. Earning an honest living should not mean exposure to unnecessary risks or unfair treatment.
Employers are required to ensure their business follows the law and regulations applicable to their sector and employees. The details will vary according to the types of jobs and the associated employment contracts but the fundamental requirement is for fair treatment and a safe environment in which to work.
Legally defined employer responsibilities extend to such fundamentals of everyday working life as:
Of course, expectations go both ways. Employer rights and responsibilities are bound together in UK legislation. In return for employment, employer rights within the UK include having assigned work properly carried out, with all employees following their training and respecting the rights and safety of their colleagues.
If you are a retail business, it may be tempting to give certain employer responsibilities a lower priority. Unlike factory or fleet operators, for example, smaller numbers of retail employees work in overtly hazardous environments. But a balanced approach is what counts. People can still be injured in the most routine of office environments, so health and safety considerations still matter.
Perhaps the most hazardous retail environment is warehousing - forklift trucks, high shelves and heavy boxes make for a potentially dangerous combination: so proper training and rigorously maintained (and enforced) safety procedures will be essential for employees who work in such environments.
Online retail fundamentally differs from conventional bricks and mortar operations. There is a greater amount of warehouse work and an ongoing pressure to pack, dispatch and deliver items quickly. These pressures can encourage employees to cut corners - increasing the chance of employment legislation being breached. This risk requires careful management.
Under current legislation, employees have the statutory right to employment conditions that meet the following minimums:
English and Welsh law imposes a clear duty on retail and other employers to protect the health and safety of their workers.
In practice, this includes:
The law on discrimination in the workplace is stringent. The Equality Act 2010 defines the following identity characteristics as protected:
Retail and other employers have a duty to take all reasonable steps to prevent harassment or discrimination of their employers on the basis of the above characteristics – if they fail to do so employers can be liable for the discriminatory acts of other employees.
Perception counts in discrimination claims - i.e. it does not matter if a particular employee is not actually gay: discrimination or harassment on the basis of a mistaken belief that they are is still discrimination. The right to protection from discrimination also extends beyond people with the protected characteristic to anyone who associates (i.e. aids or supports) them.
Under the Employment Rights Act 1996, retailers and other employers have of range of financial responsibilities toward their employees.
They must:
The Foot Anstey team of business experts advise companies on legal issues across multiple sectors, with retail being a particular specialism. Reliable employment and human resources advice can be invaluable, enabling retailers to stay on top of changing government regulations and ensure full compliance minimising your manager's valuable time.
Contact Foot Anstey today - let our team help you focus on growing your business!
