Definition
The legal obligation an employer has to take reasonable steps to ensure the health, safety, and wellbeing of its employees. The duty of care arises from common law, statute, and the implied terms of the employment contract.
UK Context
The employer's duty of care is established through common law (case law), the Health and Safety at Work etc. Act 1974 (Section 2), and the implied contractual term of mutual trust and confidence. Breach can result in personal injury claims, HSE enforcement, and constructive dismissal claims. The standard is one of reasonableness, not perfection.
Best Practices
- Carry out comprehensive risk assessments covering physical safety, mental health, and psychosocial risks
- Ensure managers are trained to identify and escalate health and safety concerns, including stress and bullying
- Extend the duty of care to home workers and business travellers with appropriate policies and support
- Document the steps taken to fulfil the duty of care — this evidence is essential if a claim is brought
Frequently Asked Questions
What does the employer's duty of care include?
It includes providing a safe workplace, safe equipment, safe systems of work, competent colleagues, adequate training and supervision, protection from foreseeable physical and psychological harm, and support for employees with health conditions. The duty extends to remote workers and business travellers.
Can an employer be sued for breach of duty of care?
Yes. If an employer's breach of duty of care causes physical or psychological harm to an employee, the employee can bring a personal injury negligence claim. There is no cap on damages for personal injury, and claims can include compensation for pain and suffering, loss of earnings, and future care costs.
Does the duty of care apply to home workers?
Yes. The employer's duty of care extends to employees working from home. This includes ensuring that the home workstation is safe (through DSE assessments), that the employee is not overworking, and that they have access to support and are not isolated.