This guide is maintained as a current resource for August 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Employers have a legal duty to keep you safe. Learn about workplace risk assessments, your rights to a safe environment, and what steps you can take if safety obligations are ignored.
An employer's duty of care under health and safety law is a foundational legal obligation in the workplace in England and Wales. It requires those who run businesses or organisations to protect the health, safety and welfare of their workers and others affected by their activities. This duty arises from statutory law, principally the Health and Safety at Work etc. Act 1974 (HSWA), supported by secondary regulations and common law principles of negligence. Employers who fail to meet these legal duties can face enforcement action from regulators, civil claims for compensation and, in serious cases, criminal prosecution. This article explains what the duty of care means in practice, the legal duties imposed by health and safety legislation, how employers should comply, and what remedies or protections exist for employees.
1. Legal Foundations of Employer Duty of Care
Health and Safety at Work etc. Act 1974
The central statutory source of employer duty of care in the UK is the Health and Safety at Work etc. Act 1974. Under section 2 of the HSWA, every employer must ensure, so far as is reasonably practicable, the health, safety and welfare of their employees while at work. This statutory duty is broad and overarching, and applies in virtually all workplaces. It extends to the provision and maintenance of safe plant and systems of work, safe handling and storage of materials, adequate training and supervision, and a working environment that is safe and free from risks to health.
The phrase “so far as is reasonably practicable” requires employers to weigh the level of risk against the time, effort and cost of implementing measures to control or eliminate it. Employers do not have to guarantee absolute safety, but they must take all measures that are proportionate to the risk posed.
Duties to Others Beyond Employees
The HSWA also imposes duties on employers to protect people who are not employees but who may be affected by the employer's activities. This includes contractors, visitors, customers and members of the public. Employers must conduct their undertakings in ways that prevent these individuals from being exposed to health or safety risks.
2. Scope of Employer Responsibilities
Risk Assessment and Management
Employers must identify and assess risks that could cause harm in the workplace and take steps to manage those risks. Suitable and sufficient risk assessments should consider the nature and scale of hazards, who might be harmed and how risk control measures will be implemented. The Management of Health and Safety at Work Regulations 1999 require documented risk assessments and proportionate risk controls.
Safe Systems of Work
Employers must provide and maintain safe systems of work, including procedures and practices designed to prevent harm. This encompasses written procedures, supervision, monitoring and review to make sure safety measures remain effective.
Training and Information
An employer must provide workers with adequate health and safety information, instruction and training relevant to their roles. This ensures that employees understand hazards they may face and how to work safely.
Safe Equipment and Infrastructure
Equipment, machinery, plant and tools must be suitable for use, maintained in safe condition and regularly inspected. Workplaces should have safe access and egress, appropriate lighting, ventilation and welfare facilities.
Competent Advice and Consultation
Employers should have access to competent health and safety advice, either through trained in‑house staff or external consultants. Employers of a certain size are also expected to consult employees or safety representatives on health and safety matters.
Written Health and Safety Policy
Where an employer has five or more employees, they must prepare a written health and safety policy. This document should set out the organisation's approach to health and safety and the arrangements in place to manage risk. All employees should be informed of the policy.
3. Supporting Duties in Secondary Regulations
The HSWA is supported by numerous regulations that impose more detailed duties on employers. Common examples include:
- The Workplace (Health, Safety and Welfare) Regulations 1992 – basic workplace conditions such as lighting, space and facilities.
- The Provision and Use of Work Equipment Regulations 1998 (PUWER) – safe use and maintenance of equipment.
- The Control of Substances Hazardous to Health Regulations (COSHH) – controlling exposure to harmful substances.
- The Personal Protective Equipment at Work Regulations 1992 – provision and use of appropriate PPE where risks cannot be eliminated.
These regulations create specific duties that sit alongside the general duty in the HSWA and often require documented risk controls, training, inspection regimes and records.
4. Concept of “Reasonably Practicable”
A central element of the duty of care is the concept of actions that are reasonably practicable. This is not synonymous with possible but rather a balance between the severity of a risk and the effort, time and cost necessary to control it. If the cost of safety measures is grossly disproportionate to the risk, the law may not require implementation. However, significant risk generally compels significant action.
In legal and regulatory contexts, this balance is assessed objectively: what a reasonable employer with access to similar resources and knowledge would have done.
5. Enforcement and Remedies
Role of the Health and Safety Executive
The Health and Safety Executive (HSE) is the primary regulator for workplace health and safety in Great Britain. It has powers to inspect workplaces, issue improvement notices, and prosecute employers for breaches of statutory duties. Local authorities may enforce health and safety law in certain sectors such as retail, hospitality and offices.
Civil Liability and Compensation
Employees who suffer injury or illness due to an employer's breach of duty can pursue civil claims for compensation. These claims arise in tort law (negligence) and seek damages for personal injury, loss of earnings and other losses. Civil claims are distinct from criminal prosecutions and are typically pursued through negotiations with insurers or, if necessary, courts.
Criminal Penalties
Serious breaches of health and safety law can attract criminal sanctions including fines and, in extreme cases, imprisonment for responsible individuals if offences are committed with consent, connivance or neglect by a director, manager or similar officer.
6. Practical Compliance: Steps for Employers
- Carry out regular risk assessments. Identify hazards and document risk controls.
- Develop and update health and safety policies. Ensure all staff are aware of policies.
- Provide training and supervision. Tailor information to specific roles and tasks.
- Maintain safe equipment and premises. Regular inspections and maintenance records.
- Consult employees. Engage safety representatives in risk management.
- Keep records of inspections, incidents and training. Clear documentation aids compliance and defence against claims.
7. Common Questions about Duty of Care
Does duty of care cover mental health?
Yes. Employer obligations to protect health include psychological wellbeing where work conditions contribute to stress or mental injury, and this can be relevant in civil claims and risk assessments.
Does duty of care apply to contractors and visitors?
Employers must protect not only employees but also non‑employees who may be affected by their operations, including visitors and contractors.
Is training a legal requirement?
Yes. Employers must provide training and instruction necessary to ensure safety, and they cannot shift the cost of statutory safety training onto employees.
Summary
In England and Wales, an employer's duty of care under health and safety law is anchored in the Health and Safety at Work etc. Act 1974 and supported by detailed secondary regulations. It requires employers to take all reasonable and proportionate measures to protect the health, safety and welfare of employees and others affected by their work. This includes risk assessment, safe systems of work, training, safe equipment, competent advice, written policies and effective consultation. Failure to comply can result in enforcement action by the HSE, civil claims for compensation, and criminal penalties. Practical compliance involves systematic risk management, clear documentation, employee engagement and ongoing review.
