Source: (1) Safeguarding The Safeguarder | LinkedIn
Safeguarding Vulnerable Adults : A Legal Imperative in Every Sphere
Safeguarding has long been seen as a cornerstone of mental health and social care, but this narrow focus overlooks a critical truth: safeguarding must extend to every social and professional interaction.
The CWS Method’s preventive mental health paradigm pushes this boundary, arguing that safeguarding should permeate every aspect of our society, particularly in the workplace, where vulnerabilities often go unnoticed or are outright ignored.
Safeguarding the Safeguarders
Who protects the protectors? Employees in social care, mental health, and beyond are often left vulnerable to abuses that are starkly at odds with safeguarding principles. Underpayment, zero-hour contracts, unfair hiring practices, and toxic work environments—all these issues amount to forms of abuse and neglect. These practices not only breach the spirit of safeguarding but also pose significant legal risks under various UK laws.
Health and Safety at Work Act 1974
The Health and Safety at Work Act mandates that employers provide a safe working environment. This duty of care is not merely a formality; it is a legal obligation. Employers who fail to protect their employees from undue stress, unsafe working conditions, or harmful workplace cultures may be held liable for breaches of this Act. The law is clear: a failure to create a safe work environment is a failure to fulfill legal obligations, potentially leading to claims of negligence.
Equality Act 2010
The Equality Act 2010 prohibits discrimination, harassment, and victimization in the workplace. Yet, discriminatory practices, whether through unequal pay, biased hiring, or promotion practices, are forms of neglect that directly contravene this law. Employers who engage in such practices are not just morally culpable but legally exposed to claims of discrimination, with significant financial and reputational consequences.
Employment Rights Act 1996
Under the Employment Rights Act, employees are entitled to fair treatment, including protection from unfair dismissal, the right to a written contract, and the right to not be unfairly discriminated against. Zero-hour contracts, exploitative working conditions, and the denial of employee rights under this Act expose employers to legal challenges that can result in substantial penalties and compensation claims.
Employer’s Liability and Negligence
The concept of employer’s liability extends to all forms of negligence in the workplace. Employers who fail to act on complaints of harassment, who ignore the toxic effects of poor management, or who perpetuate unsafe working conditions are liable under tort law.
Relying on a contractual clause that obliges employees to look after their own safety at work, while claiming adherence to your best practices, is never sufficient. As Lord Denning famously stated, “Your incompetent best is not enough.”
Employers are legally bound to do more than just try—they must succeed in providing a safe and fair workplace, or they risk significant legal repercussions.
A Broader Understanding of Safeguarding
The CWS Method advocates for a holistic approach to safeguarding, one that recognizes the interconnectedness of employee wellbeing and the quality of care they can provide. Safeguarding is not a siloed responsibility confined to social care; it is a legal and ethical duty that must inform every decision, policy, and action within an organization.
Employers who fail to protect their employees are not just failing their staff—they are breaching the law. By broadening our understanding of safeguarding to include the wellbeing of those who work in challenging environments, we can better protect everyone involved and uphold the legal standards that underpin a just and fair society.
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