What is safeguarding?
Generally speaking, safeguarding in the workplace refers to the duty of care that you have as an employer to prevent or respond to harm posed to your employees. This could involve intervening on behalf of a vulnerable adult, providing well-being advice and guidance, and supporting those whose needs are being neglected to an extent that it has an impact on their physical or mental well-being.
A vulnerable adult is defined as someone over the age of 18 who may be unable to care for themselves or protect themselves against harm or exploitation. They could be somebody with a physical or mental disability, an illness, or an inability to report abuse. An individual may be considered vulnerable at one point in time and not at another.
Safeguarding should be the responsibility of everyone. However, as an employer, it is up to you to ensure that you have the right policies and procedures in place to ensure that safeguarding happens.
How can an employer meet their safeguarding responsibilities?
As an employer, you have a duty of care towards all your employees, and safeguarding contributes to upholding this responsibility. You need to ensure that the safety and well-being of all your employees is your top priority, including by providing them with access to medical care when necessary and a safe place of work.
If you discover a safeguarding concern in your workplace, you must take great care to establish the views and wishes of the individual concerned and ensure that any evidence is collected and retained, including written records of any conversations and actions taken.
A safeguarding concern could cover many things, including (but not limited to) mental, physical, or sexual abuse, financial or material abuse, neglect, or discriminatory or organisational abuse.
An employer should have policies in place for reporting any incidents or risks. It is essential to ensure that all employees are aware of these guidelines and follow them accordingly. If you are required to disclose information about an issue, for example, to the police or a healthcare professional, you must inform the individual concerned that this is the case.
In relation to sexual harassment in particular, a new duty came into force on 26 October 2024, which imposes a positive duty on employers to implement measures that proactively prevent sexual harassment from occurring in the workplace. In light of this new obligation, the Equality and Human Rights Commission (EHRC) has provided guidance on how employers can prevent sexual harassment in the workplace.
Safeguarding can involve supporting an individual’s emotional or physical needs and ensuring they have access to everything necessary to meet these needs. You may be required to carry out additional risk assessments that take into account specific risks relevant to the individual or to consider the care plan.
Safeguarding policies
An employer should have policies in place regarding how employees should report safeguarding incidents and concerns, whether on their own behalf or on behalf of someone else. These policies should outline to whom these reports should be submitted. It should also be clear how the reports should be handled and responded to, so that everything is dealt with carefully and properly at all times. Safeguarding policies can also set out the employer’s and their employees’ relevant responsibilities, which safeguarding training is provided, and information about safeguarding.
Having a safeguarding policy in place demonstrates to all employees that you take safeguarding seriously and that any issues will be addressed with the utmost seriousness.
It is essential to remember that, when it comes to safeguarding, each situation can be quite unique. You need to approach each case with care, empathy, and sensitivity, handling it as it comes. Having good policies in place and ensuring that these are followed will help everyone in your business to know what they should do and what their rights and responsibilities are.
Safeguarding is a socially and legally important area of employment compliance. If you’re an employer, you can enhance your safeguarding practices by using Rocket Lawyer’s Safeguarding policy document and by offering employees specialised safeguarding training. If you have questions about your business's compliance, you can Ask a lawyer.
