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If you are self-employed, you are generally responsible for your safety and working environment. Nonetheless, if you complete tasks for other people, in another workplace…
Read moreWhat is an employers duty of care to employees?
All employers owe their employees a duty of care to provide a safe working environment. If they breach this duty of care and it results in an injury, they can be held liable for compensation.
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What is an Employers Duty of Care to Employees?
Under common law and specific workplace regulations, employers have a legal and moral duty towards employees. Whether you work in an office, construction site, hospital or shop, your workplace must be kept safe to prevent accidents and injuries.
Besides keeping a safe workplace, employers must also provide adequate training and protective equipment, have liability insurance in place and care for the mental health of employees. A breach of duty resulting in injury or illness may entitle you to compensation.
If your employer’s failure to uphold their duty of care caused you an injury, do not hesitate to call 0800 470 0474 for free advice on your legal options. You can also use our contact form if you would prefer to receive a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What is duty of care?
Duty of care refers to the legal obligation of one party to avoid causing foreseeable harm to others. This duty exists between various parties, such as:
- Employers and employees: Employers must provide a safe working environment, proper training, and equipment to ensure employees are not at risk of injury.
- Doctors and patients: All healthcare professionals must offer competent care, follow medical standards, and ensure patient safety during treatment.
- Property owners and visitors: Property owners and operators must take all reasonable measures to ensure their premises are free of hazards that could cause injury to visitors.
- Drivers and other road users: Drivers have a duty to drive safely, responsibly, and in accordance with the law to protect themselves and others on the road.
A legal duty is the first element that must be established when making a personal injury claim for negligence. To be entitled to compensation, you must be able to prove that the defendant has breached a duty of care imposed by law and you suffered injuries as a result.
This guide focuses on the duty of care of employers towards employees and the legal implications of failing to uphold this duty.
What is included in an employer’s duty of care?
An employer’s duty of care includes several areas that are applicable to all businesses. These are:
Health and safety policies
Employers must establish and enforce health and safety policies to minimise the risk of accidents and protect employees from injuries.
Employee welfare
Besides protecting the physical safety of workers, employers must also ensure they have access to certain facilities, such as adequate toilets, rest areas and drinking water.
Ensuring compliance with safeguarding practices
All businesses must adhere to safeguarding regulations to prevent harm, abuse, or exploitation of children and vulnerable individuals.
Employee mental health and well-being
Employers must give appropriate importance to mental health and take reasonable measures to support the mental well-being of their staff.
Equality, diversity and inclusion
All workplaces must be free from discrimination and provide equal opportunities for individuals, regardless of their age, gender, religion, sexual orientation or ethnicity.
Incident reporting
Employers must have proper procedures in place for reporting accidents, injuries, or near-misses. They must also report any serious incidents to the Health and Safety Executive (HSE) under RIDDOR.
Liability insurance
All employers must hold Employers’ Liability (EL) insurance to cover any potential claims related to workplace accidents and injuries.
What legislation is in place to enforce an employer’s legal duty of care?
Some of the most relevant legislation that covers an employer’s duty of care within the workplace includes:
The Health and Safety at Work Act 1974 (HSWA)
This is the main piece of legislation that imposes a duty of care on employers to ensure the health, safety and well-being of employees as best as reasonably possible.
The Management of Health and Safety at Work Regulations 1999 (MHSWR)
These regulations expand on an employer’s duty to assess health and safety risks, identify potential hazards, and take action to eliminate or control them.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
Under RIDDOR, employers have a duty to report work-related injuries, diseases, and dangerous incidents to the Health and Safety Executive to help prevent future risks.
The Control of Substances Hazardous to Health Regulations 2002 (COSHH)
Under COSHH, employers must assess and control the exposure to hazardous substances to prevent harm to employees and the public.
The Provisions and Use of Work Equipment Regulations 1998 (PUWER)
The PUWER regulations cover an employer’s duty to ensure that all work equipment is safe, adequately maintained, and used correctly to minimise risks.
The Equality Act 2012
This act outlines a legal duty of care to ensure protection from discrimination and harassment based on protected characteristics such as age, gender, disability, race and sexual orientation.
An employer’s failure to comply with the law and keep employees safe could make them liable for any resulting harm suffered in the workplace.
What measures should employers take to comply with their duty of care?
In practical terms, some of the steps employers must take to ensure the health and safety of employees include:
- Carry out regular assessments of potential hazards in the workplace;
- Evaluate the level of risk and take preventive measures;
- Provide health and safety training to all employees, including on manual handling and the use of machinery;
- Maintain a safe working environment that is clean, ergonomic, well-lit and free of slip and trip hazards;
- Provide suitable personal protective equipment (PPE) where required, such as hard hats, gloves, safety harnesses and respirators;
- Carry out regular inspections and maintenance of all equipment and machinery, including PPE;
- Ensure adequate staffing and a reasonable working schedule, with mandatory rest breaks;
- Implement a clear reporting system for accidents, near misses and hazards;
- Ensure equal opportunities for training, promotions, and benefits.
By fulfilling these legal responsibilities, employers can protect their employees by significantly reducing the risk of accidents and injuries.
What is an employer’s legal obligation regarding the mental health of employees?
Employers have a duty to protect their employees’ mental health, just as their physical health. This responsibility is covered by various laws and regulations, such as the Equality Act 2010, the Health and Safety at Work Act 1974 and the Thriving at Work report.
There are many types of mental health conditions that can affect workers, such as anxiety, depression, post-traumatic stress disorder (PTSD) and, less commonly, bipolar disorder or schizophrenia.
While stress is not considered a mental health condition, it can still be serious and worsen other conditions and your well-being.
Some workplace factors that could contribute to stress and poor mental health include:
- Excessive workloads and unrealistic deadlines.
- Long working hours without sufficient breaks.
- Job insecurity and lack of career progression.
- Bullying and harassment in the workplace.
- Lack of fair pay or benefits.
- Unclear job roles and expectations.
- Discrimination based on gender, race, disability or mental health.
Employers should take all reasonable measures to support the mental health of employees, including:
- Conduct risk assessments to identify workplace factors that may contribute to stress or mental health issues and take steps to reduce or eliminate them;
- Offer reasonable adjustments, such as flexible hours or reduced workloads;
- Put in place a zero-tolerance policy on harassment and bullying;
- Provide mental health training and awareness on how to spot and support struggling employees.
Employers who do not support employee wellbeing may be liable for any mental health issues resulting from their breach of duty.
What are my rights if I am injured due to a breach of duty of care from my employer?
As discussed above, employers have a duty to protect employees from accidents and injuries at work. If you are injured due to your employer’s breach of duty, you have several legal rights, including:
- You are entitled to make a workplace accident claim for compensation. Your claim can cover general damages for pain, suffering and loss of amenities, as well as special damages for related financial losses.
- Under employment law, you are also protected against unfair and constructive dismissal. This means you cannot be sacked just because of your injury without getting reasonable time to recover. Also, your employer cannot dismiss you for seeking compensation.
- You may also be entitled to Statutory Sick Pay (SSP) if you cannot work for at least four days in a row. The SSP is currently £118.75 per week, paid for a maximum of 28 weeks. You may also be entitled to claim an Industrial Injuries Disablement Benefit (IIDB) and other state benefits.
- If you suffered a severe injury, your employer must report it to the HSE under RIDDOR. They must also take reasonable steps to prevent similar accidents in the future.
You also have the right to raise concerns about workplace safety and standards even without suffering an injury. Your employer should give you the opportunity to raise concerns internally to avoid a surprise inspection from the HSE.
How do I prove my employer breached their duty of care?
You will need various types of evidence to prove that your employer failed in their duty to protect you and support a compensation claim, such as:
- Photographs or videos of the accident scene, unsafe working conditions or faulty equipment;
- A copy of the CCTV footage of the accident if it was captured by security cameras;
- Medical documents that confirm your injuries and link them to the work accident;
- A copy of the accident report that was logged in the company’s accident book;
- Workplace records and documentation related to health and safety policies, risk assessments, maintenance and training;
- Statements from colleagues or others who witnessed your accident or can confirm unsafe conditions;
- A copy of an official report from the Health and Safety Executive, if applicable;
- Testimony from expert witnesses such as accident reconstruction experts or safety experts.
Your solicitor will ensure you have everything you need to prove liability and build a compelling claim.
How long do I have to make a workplace accident claim?
If your employer failed to fulfil their duty of care towards you and you suffered harm as a result, you have three years to start a compensation claim. The time begins to run from one of the following:
- The date of the accident that caused your injuries;
- The date your condition was diagnosed and linked to the workplace conditions (the date of knowledge).
The sooner you speak to a solicitor and start your claim, the easier it is to gather supporting evidence. Therefore, we encourage you to seek legal advice after suffering a workplace injury as soon as possible.
If a person cannot start a claim due to a severe brain injury or another condition affecting their mental capacity, the time limit is suspended. In this case, a friend or family member acting as a litigation friend could claim on their behalf at any time.
Will I have to go to court?
The majority of personal injury claims (more than 96%), including those for workplace accidents, are settled out of court. This benefits both parties, as it saves time and money, it gives them control over the outcome, and it is less stressful than going before a judge.
However, there are instances where you may need to argue your case in court, such as if:
- Your employer or their insurer is unresponsive or slow to respond;
- Your employer denies liability for your injury or illness;
- Your case is particularly complex and involves intricate legal issues;
- You suffered a severe injury that requires complex calculations for financial losses;
- You cannot agree with the defendant on a fair compensation award;
- Your employer claims that you were partially at fault for your accident or injury;
- You want to apply for interim payments to help you cover immediate financial needs.
There is no need to worry about your case going to court. Even if this happens, your solicitor will ensure you are fully prepared to answer any questions and will offer you support at every step. Furthermore, personal injury cases are held in civil courts without a jury, which most people will find less stressful.
How much will my claim cost?
If you have suffered due to your employer’s breach of duty of care, you are entitled to seek compensation. Under such circumstances, the solicitors we work with can help you claim under a 100% no win no fee service.
Also known as a conditional fee agreement, this allows you to hire legal representation with no financial risk. You do not have to pay anything upfront, and if your claim is unsuccessful, you will not be required to pay your solicitor at all.
As the name suggests, you only pay a success fee if you win the claim. This fee, capped at 25% of your compensation, is agreed upon from the beginning and will be deducted from your final settlement.
To find out if your employer might have breached their duty of care, call 0800 470 0474 or request a call back. If they did and you suffered an injury, you may be eligible to claim compensation.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
