This guide is maintained as a current resource for September 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.
Understand the duty of care owed by employers in England and Wales, including statutory obligations under health and safety law, practical steps for compliance, risk assessments, and the consequences of failing to protect employee wellbeing and safety.
Under the law in England and Wales, employers owe their employees a duty of care. This legal obligation requires employers to take reasonable steps to protect the health, safety and wellbeing of staff at work. The duty arises from both statutory law and common law principles and applies to physical and psychological risks in the workplace. Understanding this duty is important for employers seeking to fulfil legal obligations and for employees who want to know their rights and what to do if the duty is breached.
This guide explains the legal framework, the extent of the duty of care, what employers must do in practice, how compliance is evaluated, and what can happen if an employer fails to meet these standards. It draws on authoritative legal and official sources to provide clear, practical information.
Legal Basis of the Duty of Care
Statutory Duty Under the Health and Safety at Work etc. Act 1974
The primary statutory duty of care comes from the Health and Safety at Work etc. Act 1974 (HSWA) and related regulations. Section 2 of HSWA places a broad legal duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of employees while they are at work. This duty is not absolute, but it requires a proportionate approach to risk management based on what is practical and possible in the circumstances.
Employers must also comply with supporting regulations such as:
- The Management of Health and Safety at Work Regulations 1999 – requiring suitable and sufficient risk assessments and controls.
- Workplace (Health, Safety and Welfare) Regulations 1992 – covering environmental conditions and facilities.
- Personal Protective Equipment at Work Regulations 1992 – requiring provision of appropriate PPE.
Common Law Duty
In addition to statutory duties, employers owe a common law duty of care towards employees. This arises from general legal principles and obliges employers to take reasonable care to avoid foreseeable harm to workers. The duty at common law may also be implied into an employment contract as a contractual term.
Both statutory and common law duties coexist and reinforce employer responsibilities.
What the Duty of Care Covers
Physical Health and Safety
Under HSWA and related regulations, employers must take reasonable steps to:
- Identify hazards in the workplace through risk assessments.
- Manage risks by implementing control measures to prevent or reduce harm.
- Provide safe systems and equipment appropriate to the tasks.
- Maintain a safe work environment, access and egress.
- Ensure information, instruction, training and supervision is available to employees.
The concept of “so far as is reasonably practicable” requires employers to balance the level of risk against the cost, time and effort needed to control it. Measures that are grossly disproportionate to the risk may not be required, but basic controls and precautions generally are.
Psychological Wellbeing and Stress
Employers' duty of care extends to psychological wellbeing. Work‑related stress, anxiety or other mental health risks must be considered as part of workplace health and safety. Employers should identify factors that could cause stress and take proportionate steps to manage them.
Protection from Bullying, Harassment and Discrimination
A broad understanding of duty of care includes taking reasonable steps to prevent unlawful discrimination, harassment, victimisation and other detrimental behaviour. These protections are enforceable under the Equality Act 2010 and through implied contractual duties.
How to Comply With the Duty of Care
Carry Out Risk Assessments
Employers must assess workplace risks to the health and safety of employees and others who might be affected by work activities. Assessments should identify hazards, consider who is at risk, evaluate the likelihood of harm, and determine controls to eliminate or reduce risks. These assessments should be reviewed regularly and updated when circumstances change.
Implement Control Measures
Once risks are identified, employers must put in place proportionate controls. These might include:
- Physical safeguards or barriers
- Safe systems of work and operating procedures
- Provision of suitable personal protective equipment
- Modification of work practices to reduce exposure to hazards
Training should be provided to ensure employees understand how to work safely.
Provide Information and Instruction
Employees should be informed about identified risks and appropriate safety procedures. Training should cover both general safety and task‑specific hazards. Supervision should be sufficient to ensure controls are followed.
Consult With Employees
Employers must involve staff in health and safety matters, including consultation on risk assessments and control measures. Consultation can be through formal arrangements or direct engagement with employees or their representatives.
Keep Records and Review
Accurate records of risk assessments, training, incidents and safety reviews help demonstrate compliance and highlight areas requiring improvement. Employers should monitor the effectiveness of safety measures and update them as necessary.
Consequences of Failing to Fulfil the Duty of Care
Enforcement by HSE and Local Authorities
If an employer fails to comply with statutory duties, enforcement action may be taken by the Health and Safety Executive (HSE) or local authorities. This can include improvement notices, prohibition notices, and prosecution leading to fines or, in serious cases, custodial sentences.
Civil Claims
Employees who suffer injury or illness due to a breach of duty may be able to pursue claims for compensation. While there is no stand‑alone cause of action called “breach of duty of care”, failures to meet statutory or contractual duties can underpin claims such as:
- Negligence claims
- Breach of contract
- Personal injury claims
The ability to make a claim depends on the individual circumstances and the nature of the loss suffered.
Reputation and Operational Harm
Poor health and safety standards can damage an employer's reputation, lower staff morale and increase operational costs through absenteeism and turnover. Effective duty of care compliance is therefore also good business practice.
Common Questions
Does duty of care apply to all workers?
Yes. The statutory duty covers employees and also extends to others affected by work activities, including contractors, visitors and members of the public in some cases.
Can an employee be disciplined for raising health and safety concerns?
No. Employees are protected from detriment for raising legitimate health and safety issues. Retaliation against an employee for reporting risks may itself be unlawful.
What is “reasonably practicable”?
This legal test requires employers to take steps that are proportionate to the risk; very low risk may not justify very costly control measures, but obvious, straightforward precautions generally are expected.
Key Takeaways
An employer's duty of care in England and Wales requires taking all reasonable steps to protect the health, safety and wellbeing of employees at work. This duty arises under both the Health and Safety at Work etc. Act 1974 and common law principles. Compliance involves risk assessment, implementation of control measures, training, consultation and ongoing review. Failure to fulfil this duty can result in enforcement by the HSE, regulatory penalties, and civil claims for compensation. A robust duty of care framework benefits both employers and employees by reducing the likelihood of harm and legal disputes.
