A Guide to an Employer’s Duty of Care

Every employer wants a productive, engaged and healthy workforce, but the reality is that many employees will experience illness, injury and other health challenges that affect their ability to work. In fact, according to the Labour Force Survey, over 148 million working days are lost to ill health every year in the UK.

When an employee’s health starts to suffer – whether that’s due to an accident at work, a pre-existing medical condition or increased stress – employers have a duty of care to protect their health, safety and wellbeing at work. These obligations are set out in a range of UK laws, primarily the Health and Safety at Work etc. Act 1974, as well as guidance from organisations such as Acas.

But what exactly is classed as an employer’s duty of care? And what does this mean in practice? In this guide, the team at Healthier Workforce will talk you through what you need to know and how to ensure your organisation is complying with its legal obligations.

What is an employer’s duty of care?

An employer’s duty of care is their legal responsibility to take reasonable steps to protect their employees from harm and help support their health, safety and wellbeing while at work.

The key word here is ‘reasonable’; while it isn’t realistic to expect employers to eliminate every possible hazard from the workplace, they must take appropriate steps to reduce risk wherever possible. This responsibility is established in the Health and Safety at Work etc. Act 1974, which states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all [their] employees.”

What does an employer’s duty of care involve?

An employer’s duty of care covers a wide range of responsibilities, all of which are designed to help employees do their job effectively without putting their health at risk. While the exact steps an employer needs to take can vary depending on the nature of the workplace and the risks involved, some common examples include:

• Conducting regular risk assessments: The purpose of a risk assessment is to flag potential workplace hazards, assess the danger they pose and determine how to remove or reduce them before they cause an injury. By conducting these regularly, employers can identify any changes to site conditions and make sure the appropriate measures are put in place to protect employees.
• Preventing harassment and discrimination: Everyone has the right to be treated fairly and respectfully in their workplace, and employers have a responsibility to ensure this under the Equality Act 2010. Employers should take reasonable steps to prevent bullying, harassment and discrimination by putting in place clear policies and procedures to deal with such concerns as they arise.
• Providing a safe working environment: Employers should provide a working environment that is safe and suitable for all employees, including appropriate equipment, workplace set-ups and working practices. For example, if an employee is struggling with repetitive strain injury (RSI), their employer has a responsibility to consider whether their working environment is contributing to this and investigate what they can do to mitigate this, such as providing a wrist brace or a more ergonomic keyboard.
• Providing adequate training: All employees should have received proper training so that they can carry out their role safely and effectively. This might include thorough inductions for new starters, refresher training whenever procedures change and specialist training for those working with hazards or carrying out high-risk tasks.
• Managing work-related stress: Mental health is as much a part of an employer’s duty of care as physical health. Employers should take reasonable steps to reduce workplace stress whenever possible by identifying and managing factors that could contribute to this, such as unrealistic deadlines, excessive workloads and long working hours.

Do employers have a duty of care to remote employees?

Yes, employers have a duty of care to all of their employees, whether they’re based remotely, have a hybrid working arrangement or work on-site full-time. However, the type of support offered to remote employees may look a little different, as they face different challenges and risks from site-based employees.

For example, remote employees may be more likely to experience issues due to poor workplace set-up, isolation or blurred boundaries between home and work life.

Some of the common ways that employers can support remote staff include:

• Carrying out Display Screen Equipment (DSE) assessments to identify issues associated with their workspace, such as poor posture due to ergonomically unsuitable chairs.
• Monitoring working hours and putting clear boundaries in place to prevent burnout
• Ensuring all remote employees have the equipment they need to work safely.
• Arranging regular check-ins via phone or video call to ensure they feel supported.
• Encouraging regular breaks and movement.

What happens if an employer doesn’t meet their duty of care?

If an employer doesn’t meet their duty of care, this can have serious consequences for both employees and the organisation itself.

For a start, if an employer doesn’t take reasonable steps to protect the health of their staff, employees may be exposed to avoidable hazards that cause illness or injury. Not only does this increase sickness absence, but it can also affect morale amongst your workforce, as employees may not feel like they’re being listened to or respected. If left unaddressed, this can have a knock-on effect on productivity, employee engagement and staff retention.

There’s also the potential legal and financial consequences to think about. Failing to meet a duty of care leaves employers vulnerable to employment tribunal action, particularly when issues of discrimination are involved. If it can be proven that an employer has acted negligently, they may end up paying compensation. If they’re also deemed to have broken health and safety law, the employer may face enforcement action from the relevant health and safety regulator. All of this can leave a business facing serious reputational damage, making it harder to attract talented employees.

How can employers meet their duty of care?

Meeting your duty of care doesn’t just involve how you react when something goes wrong; employers should take a proactive approach to workplace health and safety and put measures in place to address issues before they escalate. Some of the most common ways to do this include:

• Developing clear workplace policies: Having clear workplace policies in place can help employees understand their rights and responsibilities, as well as how to raise concerns about bullying, discrimination and other health and safety issues. These policies should be periodically reviewed to ensure they remain relevant and effective.
• Implementing mental health first aiders: Trained mental health first aiders can help to spot the first signs of stress, burnout or other mental health conditions in your workforce. Our guide explains what mental health first aid involves, but essentially, they act as a confidential, approachable point of contact that can direct struggling employees towards the right resources and support.
• Ensuring risk assessments are regularly carried out: As we’ve covered above, risk assessments are vital for identifying workplace hazards and putting measures in place to mitigate them. Therefore, it’s vital that they’re not treated as a one-off exercise; risk assessments must be regularly reviewed, especially when there are changes to the workplace, equipment, processes or working practices.
• Considering reasonable adjustments: If an employee has a disability or health concern that affects their ability to work, an employer has a duty to consider making reasonable adjustments that will help them to effectively continue in their role. This may include making changes to their working hours, equipment or duties – you can read more about reasonable workplace adjustments in a previous article.
• Taking staff issues seriously: If one of your staff members raises an issue to do with their health or wellbeing, don’t just brush them off. Your employees are often best placed to identify issues within the workplace, so take their concerns seriously and consider what action you should take to address them.

Working with a trusted occupational health company: An occupational health company can provide independent advice on how an employee’s health may be affecting their ability to work. They can help employers understand what support may be needed, identify potential workplace adjustments and assist with how to manage sickness absence.

When should an employer make an occupational health referral?

There are many situations when an occupational health referral can help employers to identify appropriate support and meet their duty of care, including when an employee:

• Has been absent for an extended period, usually four weeks or more.
• Is having frequent absences that are affecting their Bradford score.
• Is struggling to carry out their role due to a physical or mental health condition.
• Is returning to work after illness or injury.
• Has been recently diagnosed with a condition that might affect their ability to work.
• May need reasonable adjustments.

If you’re looking for support in meeting your duty of care, Healthier Workforce should be your first port of call.

Since 2009, we’ve been supporting businesses all across the UK with a range of occupational health services, including health surveillance, sickness absence management, occupational health assessments and more. Our mission is to ensure you’re fulfilling all your obligations under the Health and Safety at Work etc. Act 1974 and help all employers to create a healthier, safer and more productive workforce.

Get in touch today to schedule a consultation or learn more about what we do and how we can benefit your business.