How to Act If Your Employer Breaches Duty of Care

Table of Contents

1. What Is Employer Duty of Care?

In the UK, employer duty of care is a legal and moral obligation for employers to safeguard the health, safety, and well-being of their employees during the course of their employment. This includes:

Providing a safe working environment
Preventing physical and psychological harm
Taking reasonable steps to protect against known risks

This duty is a key component of UK employment and health & safety law.

2. Legal Framework Governing Duty of Care

Employer responsibilities are outlined in laws such as:

The Health and Safety at Work Act 1974
The Management of Health and Safety at Work Regulations 1999
The Employment Rights Act 1996

These laws require employers to take “reasonable care” to avoid actions or omissions that could foreseeably cause injury or damage to workers.

3. Examples of Employer Duty of Care

Employers must:

Conduct regular risk assessments
Provide proper training and supervision
Maintain safe equipment and workspaces
Monitor and reduce exposure to hazards (e.g., chemicals, machinery, stress)
Offer mental health support and policies against bullying or harassment
Ensure adequate breaks and working hours

Failing in any of these areas could lead to legal consequences and compensation claims.

4. What Happens If an Employer Breaches Duty of Care?

If your employer fails to meet their duty of care and you suffer an injury, illness, or loss as a result, you may:

Be entitled to claim compensation
File a personal injury or constructive dismissal claim
Report the incident to Health and Safety Executive (HSE) or relevant authority

Your solicitor can assess whether negligence occurred and guide you through the legal process.

5. Does Duty of Care Include Mental Health?

Yes. Employers have a duty to protect against psychological harm, including:

Workplace stress
Bullying or harassment
Excessive workloads
Poor management practices

Ignoring mental health risks or failing to act on complaints may breach an employer’s duty of care.

6. Duty of Care and Remote Work

Even for employees working from home or offsite, the employer still has responsibilities to:

Ensure the home working environment is safe and risk-assessed
Provide equipment and support for ergonomic working
Monitor workload and well-being
Maintain regular communication

The same principles of duty of care apply, regardless of location.

7. How to Prove a Breach of Duty of Care

To prove a breach, you must show:

A duty of care existed
The employer failed to meet that duty (acted negligently)
You suffered injury or loss as a result

Evidence may include:

Medical records
Emails or complaints to HR
Witness statements
Workplace assessments

An experienced solicitor can help gather and present this evidence effectively.

8. What to Do If You Think Your Employer Has Breached Duty of Care

Follow these steps:

Report the issue internally (to your manager or HR)
Document everything—injuries, complaints, incidents
Seek medical advice if harmed physically or mentally
Consult a solicitor to explore legal options
Contact HSE if the issue poses ongoing risks

Early action helps protect your health and strengthens any future claim.

Frequently Asked Questions

1. Can I sue my employer for breaching duty of care?
Yes. If the breach caused you harm, you may have grounds for a personal injury or employment claim.

2. What compensation can I claim?
You may claim for pain, suffering, medical costs, loss of income, and psychological damage.

3. Does duty of care apply to contractors?
Yes, employers owe a duty of care to all workers on-site, including agency and contract staff.

4. Is there a time limit to claim for a breach?
Yes, typically three years from the date of injury or awareness of harm.

5. Can I be fired for raising safety concerns?
No. You are protected by law when reporting health and safety violations.

6. Who enforces employer duty of care in the UK?
The Health and Safety Executive (HSE) and local authorities are the main regulators.

Conclusion

Understanding employer duty of care is vital for ensuring your workplace is safe, supportive, and legally compliant. If your employer fails in their responsibilities and you suffer as a result, don’t ignore it. Seek legal advice to hold them accountable and protect your well-being.

Martin taggart