Home > Employment Law > Employer's Duty of Care

Employer's Duty of Care

By: Kevin Watson MSc - Updated: 14 Nov 2017 | comments*Discuss
 
Duty Of Care Employer Health And Safety

Every UK employer has a duty of care. This is critical to the health, safety and general welfare of all employees. Not all employers are aware of the implications of the duty of care. But it doesn’t matter how small a business happens to be. Where there’s a member of staff, there’s a duty of care responsibility.

Starting Point

The starting point for an employer is to have a person who deals with health and safety matters. This person must be legally ‘competent’. In other words, he or she should be an adult with the ability to understand Health and Safety Issues.

A medium-sized or large organisation may have a trained member of staff who acts as the competent person. In a small concern, it is likely that an owner or director will take on the role.

Risk Assessment

When it comes to duty of care, the primary job of the competent person is to conduct a Risk Assessment. This must identify the health and safety risks each employee faces at work.

The outcome of the risk assessment may vary according to the size of an organisation. If it has five or more employees, the competent person has to keep a record of the assessment’s results.

The employer of such an organisation must arrange for a plan that addresses all the identified risks. He or she must also create a health and safety policy. This policy should mention the provisions that protect employee health and safety.

Furthermore, the employer must ensure each employee knows about the policy and the provisions.

Legal Position

Generally speaking, duty of care comes into force when a person or group of people do something that might reasonably harm somebody. This harm may be in the form of mental or physical injury. It’s also possible that the harm could be financial.

In the context of work, duty of care is legally binding on an employer. Put simply, an employer must abide by what the law refers to as a standard of reasonable care. The standard of reasonable care applies to a work-related matter that could injure someone. This is why a risk assessment to identify such issues is vital.

An employer may neglect this duty of care. If so, and if a problem arises, an affected employee may be able to proceed with a claim of Negligence.

Test

In 1990, the House of Lords made a judgement in Caparo Industries plc v Dickman. This judgement established a test for duty of care that has three parts. The first part relates to any harm an employee suffers. This harm must occur as a result of the action or inaction of the employer. The employer must also have been able to reasonably foresee the harm.

The second part deals with the relationship between a claimant and defendant in a duty of care legal case. The House of Lords judgement states there must be proximity in this relationship. In other words, there must be a relationship such as that between an employer and employee.

The third part concerns liability. In the eyes of the law, there should be fair, just and reasonable cause to impose a duty of care liability on an employer.

As with any legal matter, however, an employee concerned about duty of care should seek detailed advice.

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Last November I was groped at a work function by a colleague, previous to this comments of a sexual nature had been made to me.I raised a formal grievance which was upheld as the colleague admitted what he had done.My employer would not tell me what action they were taking, however, he still works within the same team (based in a different location) and despite me refusing mediation he wants to talk to me about what happened> In June he came to my office asking to talk to me to 'clear the air' - I refused this! Following this I emailed his line manager to reiterate that I do not want to meet to discuss what happened.For many months he has stayed away from the office where I work but last week he turned up and sat opposite me, attempting to be friendly.It was almost time to leave so I packed up my belongings and left the office.He makes me feel physically sick when near to me and I feel that the whole grievance was a total waste of time.What can I do?Any advice please!!
LTB - 14-Nov-17 @ 4:27 PM
Janey - Your Question:
Hello. I have recently been diagnosed with Plantar Fasciitis in my left foot by the doctor. However, I have been struggling with walking and standing for long periods of time since April this year. In all that time I have had only 1 week off sick which was last month because it was so bad. My employer does not pay sick leave so I was only entitled to SSP. Because I work as a residential support worker and I work very long shifts, at times 16 hours plus a sleep in, I last week took a walking stick into work to aid me if I needed to go offsite with a young person for the day. The day after I was seen by my employer with the stick he txt me at 7pm in the evening telling me not to come back to work until I have a note from my doctors to say I am fit for work? I am unsure what my rights are to be honest. are they still obligated to pay me? I am prepared to work whilst receiving treatment but he said he can't allow it for health and safety reasons. Please help. I can't possibly survive on SSP alone and it feels like I'm being punished for being poorly. Thankyou

Our Response:
Why not go to your GP and ask for a note? If you are fit to work, we're sure your GP will be happy to provide one.
SafeWorkers - 8-Nov-17 @ 12:36 PM
Hello. I have recently been diagnosed with Plantar Fasciitis in my left foot by the doctor. However, I have been struggling with walking and standing for long periods of time since April this year. In all that time I have had only 1 week off sick which was last month because it was so bad. My employer does not pay sick leave so I was only entitled to SSP.Because I work as a residential support worker and I work very long shifts, at times 16 hours plus a sleep in, I last week took a walking stick into work to aid me if I needed to go offsite with a young person for the day. The day after I was seen by my employer with the stick he txt me at 7pm in the evening telling me not to come back to work until I have a note from my doctors to say I am fit for work? I am unsure what my rights are to be honest.. are they still obligated to pay me? I am prepared to work whilst receiving treatment but he said he can't allow it for health and safety reasons. Please help. I can't possibly survive on SSP alone and it feels like I'm being punished for being poorly. Thankyou
Janey - 7-Nov-17 @ 1:19 PM
Wendy - Your Question:
Hello I have a work colleague some times turn up work after he taken drugs this putting a strain rest the staff I do not want him lose his job not fair rest us staff whot should I do

Our Response:
Could you consider having a quiet word with him and tell him that it's affecting the rest of the staff. If he continues, you have no other option really, than to tell your employer.
SafeWorkers - 23-Oct-17 @ 3:22 PM
Hello I have a work colleague some times turn up work after he taken drugs this putting a strain rest the staff I do not want him lose his job not fair rest us staff whot should I do
Wendy - 20-Oct-17 @ 10:51 AM
Griz - Your Question:
I started a job in January. There was a very wide job description. The job roles and responsibilities were to be reviewed and be more clearly defined. This was in July. I have not received anything since. I don't know what I am meant to be doing on a daily basis. It changes daily, from cleaning to writing funding applications to going to my bosses partners business to help out there. There is no employee handbook to refer to. My contract states that I should work 37.5 hours per week. I start at 8:15am and finish at 5:30. I was taking an hour lunch break, however my employer sent an email the other week stating that people are taking more than their allocated half hour lunch break. As I see it, I am already working the equivalent to 6 extra weeks of work annually on that basis alone. That is not including evening and weekend work. If I bring it up they appear cross as they are a "volunteer" and I get paid. If I am entitled to half an hour that would be equivalent to an additional 9 weeks work a year. The lack of clarity, the wide range of duties that change almost daily and my inability to plan my week are having an effect on my mental health. What can I do? I have called unions to see if I can join to get support, however, they say they won't get involved in an issue that has been ongoing. This is now stressing my partner as I am unable to sleep. There is no grievance procedure that I can see.

Our Response:
If there is no formal grievance procedure you should construct a letter to give to your employer. Keep it calm and specific. Say you want to make a formal complaint about a potential breach of contract and explain about your contracted hours (and the number of hours you are actually working). Send your job description and say that you are being asked to undertake a lot of tasks that are not in the job description. Ask for a meeting to resolve this. If a meeting is refused, goes ahead and doesn't resolve your issues, or your letter is ignored, consider taking it to an employment tribunal. ACAS is a good place to ask about this.
SafeWorkers - 13-Oct-17 @ 11:56 AM
I started a job in January.There was a very wide job description.The job roles and responsibilities were to be reviewed and be more clearly defined.This was in July.I have not received anything since.I don't know what I am meant to be doing on a daily basis.It changes daily, from cleaning to writing funding applications to going to my bosses partners business to help out there.There is no employee handbook to refer to.My contract states that I should work 37.5 hours per week.I start at 8:15am and finish at 5:30.I was taking an hour lunch break, however my employer sent an email the other week stating that people are taking more than their allocated half hour lunch break.As I see it, I am already working the equivalent to 6 extra weeks of work annually on that basis alone.That is not including evening and weekend work.If I bring it up they appear cross as they are a "volunteer" and I get paid.If i am entitled to half an hour that would be equivalent to an additional 9 weeks work a year.The lack of clarity, the wide range of duties that change almost daily and my inability to plan my week are having an effect on my mental health.What can I do? I have called unions to see if i can join to get support, however, they say they won't get involved in an issue that has been ongoing.This is now stressing my partner as I am unable to sleep.There is no grievance procedure that I can see.
Griz - 12-Oct-17 @ 6:36 AM
Parked in the company car park and someone hit my car and badley damaged it but didn't come forward. Work do nothing to help, won't give access to cctv unless it's via the police. So basically turn a blind eye
Yoda - 6-Oct-17 @ 10:33 PM
Parked in the comoany car park and someone hit my car and barley damaged it but didn't come forward. Work do nothing to help, won't give access to cctv unless it's via the police. So basically turn a blind eye
Yoda - 6-Oct-17 @ 10:31 PM
yozzerblue - Your Question:
I have been with my employer for thirteen years. I am employed as an electricians mate. We work on various sites around the north west. twelve months ago I suffered a heart attack and stayed of work for six weeks after having a stent fitted. I went back on so called light duties, yet from the very first day was expected to pull cables in. My employer has never asked how I am doing and whats more, if its a heavy job he will choose me over his other labourer. He likes the cables pulled in manually and never provides us with any mechanical aids or proper equipment. I dont think he even provides enough men. one cable we were expected to pull in weighed over 300kgs, I worry sometimes for my well being but need the money so just keep going. five weeks ago I was pulling a cable and heard a big crack in my back and was in agony, again no mechanical aid was provided and I ended up on gas and air in the hospital. The electrician underneath on the scaffold heard my back crack. it cost me over £250.00 at the physio and I was off work for two weeks. is there anything I can do

Our Response:
Unless you're classed as disabled, your employer doesn't necessarily have to give you light duties on a long term basis. Your employer, does however have a duty of care to its employees and you/your colleagues should raise a formal grievance if you feel your employee is not fulfilling this duty of care, or is putting you at risk unnnecessarily.
SafeWorkers - 4-Aug-17 @ 11:10 AM
I have been with my employer for thirteen years. I am employed as an electricians mate. We work on various sites around the north west. twelve months ago I suffered a heart attack and stayed of work for six weeks after having a stent fitted. I went back on so called light duties, yet from the very first day was expected to pull cables in. My employer has never asked how I am doing and whats more, if its a heavy job he will choose me over his other labourer. He likes the cables pulled in manually and never provides us with any mechanical aids or proper equipment. I dont think he even provides enough men. one cable we were expected to pull in weighed over 300kgs, I worry sometimes for my well being but need the money so just keep going. five weeks ago I was pulling a cable and heard a big crack in my back and was in agony, again no mechanical aid was provided and I ended up on gas and air in the hospital. The electrician underneath on the scaffold heard my back crack. it cost me over £250.00 at the physio and I was off work for two weeks. is there anything I can do
yozzerblue - 1-Aug-17 @ 9:09 PM
I work in the baby room in a local nursery. This morning I had very bad tummy pains but still went into work as I thought it would just pass. Since going into work it didn't go away and I was running back and fore the toilet. I had explained to my manager I had diarrehea and felt I was contagious. I felt uncomfortable working with the children as I felt I would pass it onto them. My manager replied to me saying if she could send me home she would. I physically felt as if I shouldn't be working with children bring that ill and felt a lot more should of been done by my manager to solve the situation. I felt as though I had no care from my manager and just wanted me to stay to make things easier for ratio.
Kandee - 20-Jul-17 @ 11:21 PM
My partner had an incident today at work, a customer had introvenese tubes in their stomach, they broke in the toilet and fluids went everywhere. My partner was asked to clean this up, the Risk Assessment wasn’t followed, and the manager put pressure on her to do this without providing any instruction on how to do it safely or by the Risk Assessment. My partner is obviously very upset. Is this correct?
JohnDoP - 8-Jul-17 @ 3:06 PM
I have a history of depression and anxiety which my employer knew about. A new member of staff started working in the team and at first I found her pleasant to work with. Then she began to cause problems and told lies to our temporay mgr about me, including accusing me of pushing her. No action was taken against her. A combination of her behavior and that of the temporary mgr forced to have a breakdown resulting in two months of with work related stress.since coming back to work despite behaving professionally towards her, she constantly intimidated me when no one is around. Shemade fun of my mental health problems in front of our line manager and no action was taken against her. My mgr denies the incident took place. I asked to work elsewhere for a short while or work from home. This was refused and I ended up off sick again. I have been told to think long and hard before I consider a formal grievance. Mgmt and HR are trying to blame it on a personality clash. I do know other people have had problems with her but they won't speak out. The occupational health referal reads like a work of fiction designed to take me down the capability route. I don't know how to resolve the situation I am in.
Essexgirl - 21-Jun-17 @ 3:38 AM
Tiff - Your Question:
My partner is a baggage handler and in March he injured his shoulder on his last day in loading bags. On his day off he went to a chiropractor who saw him twice during that week. My partner was is so much pain he ended up not going in for his first day back. On his return he filled in his sick form but stated he still wasn't 100% and still in pain. This was accepted however there was no duty of care to see how they could help him or offer any light duties. His injury has now been aggravated due to the heavy tasks given to him and our gp has said he has damaged the bone and will require a scan and steroid injections. He has also been given a letter for light duties however his DM has said if he cant lift bags don't bother coming in. We know other colleagues have been given light duties in the past. Where do we go with this as he doesn't get paid for being on sick? Thank you

Our Response:
If no light duties are available he has not choice but to stay off. He should be entitled to Statutory Sick Pay - see our guide here
SafeWorkers - 12-May-17 @ 12:44 PM
I have worked as a staff nurse in a hospital for 16 years. I have also suffered with depression for about 30 years which until recently, has never interfered with my job. A year ago, I was told to take charge of an unfamiliar ward, I'd never worked there before, I didn't know the ward layout, how to find drugs in an emergency, many of the patients conditions and illnesses were unfamiliar to me. I felt this was very unsafe not just for me, but for the patients too. That night, I had a nervous breakdown and ended up seeing the crisis team in A&E, I felt suicidal because of the pressure and stress piled on me, and the lack of support from management. I was off sick for 2 months and saw occupational health who recommended I was not made to take charge on other wards for 8 weeks. After this, I had occasions where I was told to take charge, I explained that I didn't feel competent to, and I felt it was unsafe for patients, but I was threatened with disciplinary action and a senior manager rang me at work and basically said it was my responsibility to staff the other ward. I broke down in tears and ended up going off sick again. I am now back at work but live with the constant stress that I will be forced to take charge of an unfamiliar ward,putting my PIN at risk, and the health of the patients in that ward. Where is my employers duty of care towards myself and the patients.
Tog - 11-May-17 @ 9:33 AM
My partner is a baggage handler and in March he injured his shoulder on his last day in loading bags. On his day off he went to a chiropractor who saw him twice during that week. My partner was is so much pain he ended up not going in for his first day back. On his return he filled in his sick form but stated he still wasn't 100% and still in pain. This was accepted however there was no duty of care to see how they could help him or offer any light duties. His injury has now been aggravated due to the heavy tasks given to himand our gp has said he has damaged the bone and will require a scan and steroid injections. He has also been given a letter for light duties however his DM has said if he cant lift bags don't bother coming in. We know other colleagues have been given light duties in the past. Where do we go with this as he doesn't get paid for being on sick? Thank you
Tiff - 11-May-17 @ 8:53 AM
Sara7105- Your Question:
I started work in a care home through a agency 6 months ago.but now work for the home since Feb 20th. I'm currently on my 3 months probation. I had 2days off 1 12 HR shift (contracted hrs) and 1 6 HR overtime shift with a throat infection. I've had to come home early today with a stabbing pain in my side. The weekend duty doctor told me to see my gp first thing but I'm ment to be working 8 till 8 again tomorrow and I'm scared I'll get sacked for having it off?

Our Response:
We can't say whether you will or not, this depends on your employer's sickness absenteeism policy.
SafeWorkers - 28-Mar-17 @ 11:23 AM
I started work in a care home through a agency 6 months ago..but now work for the home since Feb 20th.I'm currently on my 3 months probation.I had 2days off 1 12 HR shift (contracted hrs)and 1 6 HR overtime shift with a throat infection. I've had to come home early today with a stabbing pain in my side.The weekend duty doctor told me to see my gp first thing but I'm ment to be working 8 till 8 again tomorrow and I'm scared I'll get sacked for having it off?
Sara7105 - 26-Mar-17 @ 10:36 PM
Amber - Your Question:
I work in a residential home as a carer, the new manager has taken in a lot of new residents, those that have complex needs and have challenging behaviours, none of the carers are trained in how to handle these new residents. Today one of these residents got very aggressive towards me and pushed me against the corridor wall and punched me in the back, this was witnessed by another worker in the home. I reported this to my deputy manager and said I wasn't prepared to work with this resident, I was told I had to as we have a duty of care, my reply was that there should also be a duty of care for the employees as his behaviour has been aggressive and very challenging to other carers, can you please tell me where I stand Thank you

Our Response:
You should ask to see the risk assessment, so you can look at whether this risk has been acknowledged and what risk reduction measure have been put in place. If your not happy, you should speak with your employer...ask your manager to pass this on to the employer or more senior management etc. If nothing is done and you feel you have a genuine risk, you may have to make a claim for negligence etc. ACAS will be able to advise you if it gets to that stage.
SafeWorkers - 22-Mar-17 @ 2:19 PM
I worked for a company for 23 years. The company were aware I suffered from Narcolepsy, a neurological condition. The company transferred me under TUPE when selling a part of the company that I did not work directly in. I believe the reason was my performance was effected and also due to my service I had become expensive for the job I did. By accepting the transferred I signed away about 70% of my DB pension rights when I needed to apply for ill health early retirement. I believe that the company were at fault for not explaining this to me as they were aware of the disability and I believe the pension Trustees are at fault for not advising the company that their action would create financial hardship. Have I got a case and if so is it time limited?
Feeeedooo - 20-Mar-17 @ 5:59 PM
I work in a residential home as a carer, the new manager has taken in a lot of new residents, those that have complex needs and have challenging behaviours, none of the carers are trained in how to handle these new residents. Today one of these residents got very aggressive towards me and pushed me against the corridor wall and punched me in the back, this was witnessed by another worker in the home. I reported this to my deputy manager and said I wasn't prepared to work with this resident, I was told I had to as we have a duty of care, my reply was that there should also be a duty of care for the employees as his behaviour has been aggressive and very challenging to other carers, can you please tell me where I stand Thank you
Amber - 19-Mar-17 @ 9:19 PM
I work in a car manufacturing plant. I have spent the last 6 years on the production line with no problems. However the bosses now want me to climb in and out of the cars which I have informed them I can't do due to tendinitis and arthritis in my knee. I've had an amended duties note from my doctor over ruled by occupational health in work. My question is does my employer have a legal responsibility to find me a job I can do now they know I have problems with my knee?
Yozz - 9-Feb-17 @ 9:25 AM
I am left to lock up on my own at nightbetween 6-7 the area I work is now becoming not nice, drunks, young gangs, even a srabbing. Do I have a right to refuse to so? However I have been doing it for years, but never felt unsafe like I do now.
Alley - 30-Jan-17 @ 10:21 PM
Alf - Your Question:
I recently had a heart attack whilst at work contacted my employer straight away that I was having server chest pains an was told someone was coming out to me straight away, I was 10-15 minutes away from my place of empoyment but took over an hour and half before anyone came to me. I was then taken back to work and was allowed home but had to drive myself which is a 15 minute journey whilst suffering from cheats pains, I finally made it to my gp who did an ecg and determined I was having a heart attack and was taken to hospital were within an hour was in the operating theatre having two stents put in my heart. After spending 3days in hospital was released but told need another stent putting in once swelling and brushing gone down, my employer said not paying me as it's not a serious condition in there eyes which as put my recovery back because of stress, not to mention the financial stain it's put me under as well as the the fines I received due to not being able to pay my bills and pay for my heating electric n not been able to pay to eat! Can anyone help as to what I can do legally and where I stand!

Our Response:
Raise a formal complaint with your employer. Your GP and medical consultant at the hospital should be able to provide (and your employer) with evidence of the severity.
SafeWorkers - 21-Dec-16 @ 12:33 PM
I recently had a heart attack whilst at work contacted my employer straight away that I was having server chest pains an was told someone was coming out to me straight away, I was 10-15 minutes away from my place of empoyment but took over an hour and half before anyone came to me. I was then taken back to work and was allowed home but had to drive myself which is a 15 minute journey whilst suffering from cheats pains, I finally made it to my gp who did an ecg and determined I was having a heart attack and was taken to hospital were within an hour was in the operating theatre having two stents put in my heart. After spending 3days in hospital was released but told need another stent putting in once swelling and brushing gone down, my employer said not paying me as it's not a serious condition in there eyes which as put my recovery back because of stress, not to mention the financial stain it's put me under as well as the the fines I received due to not being able to pay my bills and pay for my heating electric n not been able to pay to eat! Can anyone help as to what I can do legally and where I stand!
Alf - 20-Dec-16 @ 3:50 PM
Due to my former employers carelessness I was exposed to a dangerous chemical that has left me with occupational asthma. The major airline I used to work for responded by denying that the incident occured although my GP and the HSE are certainly have different views. I have tried to claim against them but my union provided solicitors have been worse than useless, believing every lie told to them. I decided to find my own legal representative and asked my former solicitor for all his files relating to the case. I received them today and was horrified to find that my statement on the accident report has been altered to make it seem that I was suffering from a separate illness. In my experience of working for them I've witnessed lies, bullying, , discrimination and an appallingly dangerous attitude to safety but even I was shocked that they would stoop so low as to alter an accident report to divert blame from themselves. Is this a criminal offence? Where do I take it from here?
BillD - 15-Dec-16 @ 11:36 PM
Chef - Your Question:
I work in a kitchen I don't finish some nights till 11 it my last bus is at 10:30 I'm a young girl and have to walk through a dark park to get home! dose my employer have a duty of care to get me home?

Our Response:
No, your employer has a duty of care while you're in work. Unless your contract states that the job is daytime only and your employer has changed your hours subsequently then getting home is your own responsibility.
SafeWorkers - 15-Dec-16 @ 11:12 AM
I work in a kitchen I don't finish some nights till 11 it my last bus is at 10:30 I'm a young girl and have to walk through a dark park to get home! dose my employer have a duty of care to get me home?
Chef - 14-Dec-16 @ 9:17 AM
I got osteoarthritis in back and. Ankles feet Neen working 10 years army. Employment in on 25 mg. Fantastic patchmorphine I work on deli serving and slicing meat. I had risk assessment. And was moved. Dept as it was. Becoming hard. For mealso using slicer in morphine. Bad.So agreed. Should be moved told can't use slicer ect do delivery'sand. Bend into counter to servenow. Being told by manager. Got. To go back on deli againstrisk assessment that. Personal. Haveagreed. How do I stand
Penny - 25-Nov-16 @ 11:03 PM
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