Legal
Duty of Care: What Employers Need to Know
Definition
An employer's duty of care is the legal and moral responsibility to protect the health, safety and wellbeing of employees at work. In the UK, it comes from two sources: the common law duty to take reasonable care to avoid foreseeable harm, and statutory duties under laws such as the Health and Safety at Work etc. Act 1974. Together, they require employers to take all reasonably practicable steps to prevent both physical and psychological harm.
What is an employer's duty of care?
Duty of care means employers must provide a safe working environment, manage risks, and support both the physical and mental health of their people. It has two parts:
The common law duty of care: employers must take reasonable care to protect employees from harm that's reasonably foreseeable. This includes providing a safe place of work, safe equipment, safe systems of work and competent colleagues. If an employer falls short and someone is harmed, the employee may be able to bring a negligence claim.
Statutory duties: health and safety, equality and employment laws set out specific duties, such as carrying out risk assessments and making reasonable adjustments. Breaching these can lead to enforcement action and prosecution, as well as claims.
The two overlap. Meeting your statutory duties is a big part of meeting your common law duty of care.
Who do employers owe a duty of care to?
Employers owe a duty of care to their employees, wherever they're working, including in the office, at home, on the road or abroad. Under the Health and Safety at Work etc. Act 1974, employers must also protect people who aren't employees but could be affected by their work, such as contractors, agency workers, visitors and members of the public.
Some groups need specific consideration in your risk assessments, including young workers, new and expectant mothers, lone workers and employees with disabilities or health conditions.
What does "reasonably practicable" mean?
"Reasonably practicable" is the legal test for how far employers must go to protect people. It means weighing the level of risk against the time, cost and effort needed to control it. Employers must take action unless the cost or effort is grossly disproportionate to the risk.
In practice, the greater the risk of harm, the more an employer is expected to do about it.
The legal framework for duty of care in the UK
The common law duty of care
The common law duty of care has been developed by the courts over many years, rather than set out in a single law. It's the basis of most personal injury and negligence claims against employers. The courts have confirmed that it includes psychiatric harm, such as a breakdown caused by work-related stress, where the harm was reasonably foreseeable and the employer failed to take reasonable steps.
Health and Safety at Work etc. Act 1974
This is the main UK health and safety law. It requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees, and to protect others affected by their work. It also places duties on employees.
Management of Health and Safety at Work Regulations 1999
These regulations require employers to assess risks to health and safety, including work-related stress, and to put preventative measures in place. If you employ five or more people, you must record the significant findings of your risk assessment. They also require specific risk assessments for young workers and for new and expectant mothers.
Equality Act 2010
The Equality Act protects employees from discrimination, harassment and victimisation. It also requires employers to make reasonable adjustments for disabled employees, which can include employees with mental health conditions.
Other key laws
Working Time Regulations 1998: limits on working hours, rights to rest breaks, and free health assessments for night workers.
Employers' Liability (Compulsory Insurance) Act 1969: most employers must hold employers' liability insurance, to cover claims from employees who are injured or become ill because of their work.
RIDDOR 2013: employers must report certain workplace injuries, diseases and dangerous occurrences to HSE.
HSE and Acas guidance
The Health and Safety Executive (HSE) is the regulator that enforces health and safety law. Its guidance, including the Management Standards for work-related stress, shows employers how to meet their legal duties in practice. Acas provides free guidance on workplace policies, managing absence, resolving conflict and good employment practice. Following their guidance isn't a legal requirement in itself, but it's a strong way to show you've acted reasonably.
Support your duty of care with a 24/7 EAP
What employers must do to meet their duty of care
Employers must take reasonably practicable steps to protect their people. This includes:
carrying out regular risk assessments, including for work-related stress
providing safe equipment and working conditions
offering appropriate training and supervision
managing work-related stress and mental health risks
maintaining clear reporting and incident procedures
supporting employees with health concerns or disabilities, including making reasonable adjustments
supporting employees during and after sickness absence
keeping policies up to date and legally compliant
providing access to wellbeing support, such as an Employee Assistance Programme (EAP)
Duty of care for mental health
Duty of care extends beyond physical safety. Employers must also take reasonable steps to protect their people's psychological wellbeing, including from:
work-related stress
burnout and fatigue
bullying and harassment
isolation, including for remote and hybrid workers
exposure to trauma
the effects of mental health conditions
The HSE Management Standards set out a framework for identifying and reducing the main causes of work-related stress. Related article: How to Reduce Work-Related Stress: 6 Ways to Support Staff
Measures that support your duty of care for mental health include:
clear wellbeing policies and early intervention pathways
access to confidential support, such as an EAP
critical incident support after traumatic events
Related article: Duty of care for mental health at work
Duty of care for remote and hybrid workers
Your duty of care applies wherever employees work. For remote and hybrid workers, that means assessing risks in their home working environment, providing suitable equipment, and managing risks such as isolation, communication challenges and long hours. Regular check-ins and accessible wellbeing support are essential. Rewlated article: How to support remote employees through an EAP
Do employees have a duty of care?
Yes. Under the Health and Safety at Work etc. Act 1974, employees must take reasonable care of their own health and safety, and that of anyone affected by what they do. They must also co-operate with their employer on health and safety, for example by following training, using equipment properly and reporting hazards.
Employers still have overall responsibility, but an employee who ignores safety rules or puts others at risk can face disciplinary action and, in serious cases, legal action.
Examples of duty of care in practice
Employers fulfil their duty of care when they:
carry out regular workplace risk assessments
provide suitable equipment for remote workers
train managers to recognise the signs of stress
offer confidential wellbeing support
respond promptly to incidents or concerns
make reasonable adjustments for health conditions
support employees returning from sickness absence
For more detailed scenarios, see our duty of care examples.
What happens if an employer breaches its duty of care?
Failing to meet duty of care obligations can lead to:
civil claims, such as negligence, personal injury or psychiatric injury claims
discrimination claims under the Equality Act 2010, including for failing to make reasonable adjustments
HSE enforcement action, such as improvement or prohibition notices, and prosecution
fines
increased sickness absence and staff turnover
reduced productivity and morale
reputational damage
Proactive wellbeing support helps employers reduce risk and show they've acted reasonably.
Get expert support for your managers and HR team
How Wisdom Wellbeing supports your duty of care
Wisdom Wellbeing helps employers meet their duty of care through our Employee Assistance Programme (EAP), which includes:
24/7, 365 confidential counselling and support
a management support line and counselling for managers
critical incident and trauma support
wellbeing resources and self-help tools in the Wisdom app
Wisdom Super Care adds further support, including:
HR advice for managers
Mental Health First Aid training for employees in England
Life and Leadership coaching
work health assessments
night worker questionnaires
dedicated relationship management and MI reporting
Our services help organisations reduce risk, improve wellbeing and create safer, healthier workplaces.
FAQs
What is an employer's legal duty of care?
An employer's legal duty of care is the obligation to protect employees' health, safety and wellbeing. It comes from the common law duty to take reasonable care to avoid foreseeable harm, and from statutory duties under the Health and Safety at Work etc. Act 1974. Employers must take all reasonably practicable steps to prevent harm, including managing risks, providing training and supporting mental health.
Does duty of care include mental health?
Yes. Duty of care covers both physical and psychological safety. Employers must take reasonable steps to identify and reduce mental health risks, such as work-related stress, burnout, bullying, harassment and exposure to trauma. HSE's Management Standards provide a framework for doing this.
What are examples of duty of care in the workplace?
Examples include carrying out risk assessments, providing safe equipment, offering wellbeing support, training managers, responding to incidents, making reasonable adjustments and supporting employees returning from sickness absence.
What happens if an employer breaches duty of care?
A breach can lead to negligence or personal injury claims, HSE enforcement action, fines, reputational damage and increased sickness absence. Employers may also face claims under the Equality Act 2010 if discrimination, or a failure to make reasonable adjustments, is involved.
How can employers meet their duty of care obligations?
Employers can meet their obligations by carrying out risk assessments, keeping policies up to date, training managers, monitoring wellbeing, providing access to an EAP and making sure employees have the resources they need to work safely.
Does duty of care apply to remote workers?
Yes. Employers must protect the health and safety of remote and hybrid workers, including risks from their working environment and equipment, isolation, communication challenges and stress. Regular check-ins and wellbeing support are essential.
How can Wisdom Wellbeing support duty of care compliance?
Our EAP gives employees 24/7 confidential counselling and support, gives managers a dedicated support line, and includes critical incident support and the Wisdom app. With Wisdom Super Care, you also get HR advice for managers, MHFA training for employees in England, coaching, work health assessments and dedicated relationship management.
Related entities
Common law duty of care: the legal duty, developed by the courts, to take reasonable care to avoid foreseeable harm.
Health and Safety at Work etc. Act 1974: the main UK law requiring employers to protect the health, safety and welfare of employees and others.
Management of Health and Safety at Work Regulations 1999: regulations requiring risk assessments and preventative measures.
Equality Act 2010: legislation protecting employees from discrimination and requiring reasonable adjustments.
Working Time Regulations 1998: rules on working hours, rest breaks and night worker health assessments.
HSE (Health and Safety Executive): the UK regulator responsible for enforcing health and safety law.
Acas: provides free guidance on workplace policies, conflict resolution and good practice.
HSE Management Standards: HSE's recommended framework for identifying and reducing work-related stress risks.
Workplace risk assessments: a legal requirement to identify hazards and put controls in place.
Reasonably practicable: the legal test for how far employers must go to protect people, weighing risk against the cost and effort of controlling it.
Employee Assistance Programme (EAP): a confidential support service offering counselling, information and wellbeing resources.
Mental Health First Aid (MHFA): training that helps employees recognise and respond to mental health concerns.
Occupational health: clinical support that helps employers manage health conditions affecting work.
Psychological safety: a workplace where employees feel safe to speak up without fear of negative consequences.
Sickness absence management: processes for supporting employees who are off work due to illness.
Critical incident support: specialist support for employees affected by traumatic or high-stress events.
Wisdom Wellbeing
Wisdom Wellbeing provides clinically led Employee Assistance Programmes to organisations across the UK and Ireland. Specialising in mental health and wellbeing, we publish practical guidance for employees, employers and business owners, including articles written by our counsellors to offer expertise from a clinical perspective. We also write for students at college and university who want to improve and maintain their mental wellbeing.
Support your employees with an EAP
With an Employee Assistance Programme (EAP) from Wisdom Wellbeing, we can offer you practical advice and support when it comes to dealing with workplace stress and anxiety issues.
Our EAP service provides guidance and supports your employees with their mental health in the workplace and at home. We can help you create a safe, productive workspace that supports all.
