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 while they are at work. In the UK, this obligation is shaped by the Health and Safety at Work etc. Act 1974, HSE guidance, and ACAS best practice, requiring employers to take all reasonably practicable steps to prevent 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 workforce. It applies to all employees, contractors and anyone affected by workplace activities.

Key legal entities include:

• Health and Safety at Work etc. Act 1974

• Management of Health and Safety at Work Regulations 1999

• Equality Act 2010

• HSE (Health and Safety Executive)

•ACAS (Advisory, Conciliation and Arbitration Service)

These frameworks require employers to identify hazards, reduce risks, and ensure employees have the support and resources they need to work safely.

What Employers Must Do

Employers must take “reasonably practicable” steps to protect staff. This includes:

• Conducting regular risk assessments

• 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

• Ensuring policies are up to date and legally compliant

• Providing access to wellbeing support, such as an EAP

Legal Framework

Health and Safety at Work etc. Act 1974

Requires employers to protect employees “so far as is reasonably practicable”.

Management of Health and Safety at Work Regulations 1999

Mandates risk assessments, preventative measures and ongoing monitoring.

Equality Act 2010

Protects employees from discrimination and requires reasonable adjustments.

HSE Guidance

Provides practical steps for managing workplace risks, stress, and wellbeing.

ACAS Guidance

Supports employers with policies, conflict resolution and best practice.

Duty of Care for Mental Health

Duty of care extends beyond physical safety. Employers must also protect psychological wellbeing, including:

• Work‑related stress

• Burnout and fatigue

• Bullying and harassment

• Isolation (including remote/hybrid work risks)

• Trauma exposure

• Mental health conditions

HSE’s Management Standards for Stress outline how employers should identify and reduce psychosocial risks.

• Supportive measures include:

• Mental Health First Aid (MHFA) training

• Employee Assistance Programmes (EAPs)

• Manager training

• Clear wellbeing policies

• Early intervention pathways

Examples of Duty of Care in Practice

Employers fulfil their duty of care when they:

• Carry out regular workplace risk assessments

• Provide ergonomic equipment for remote workers

• Train managers to recognise 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

Consequences of Failing in Duty of Care

Failing to meet duty of care obligations can lead to:

• Legal claims (negligence, discrimination, personal injury)

• HSE enforcement action

• Financial penalties

• Increased sickness absence

• Reduced productivity and morale

• Reputational damage

Proactive wellbeing support helps employers reduce risk and maintain compliance.

How HA | Wisdom Wellbeing Supports Your Duty of Care

HA | Wisdom Wellbeing helps employers meet their duty of care through:

24/7 Employee Assistance Programme (EAP)

• Mental Health First Aid (MHFA) training

• Manager support and coaching

• Critical incident and trauma support

• Wellbeing assessments and reporting

• Online wellbeing resources and self‑help tools via the Wisdom App

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 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 identify and reduce mental health risks such as stress, burnout, bullying, harassment and trauma exposure. HSE’s Management Standards for Stress outline how to meet these responsibilities.

What are examples of duty of care in the workplace?

Examples include conducting 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 legal claims, HSE enforcement action, financial penalties, reputational damage, and increased sickness absence. Employers may also face claims under the Equality Act 2010 if discrimination or 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, updating policies, training managers, monitoring wellbeing, providing access to an EAP, and ensuring 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 ergonomic risks, isolation, communication challenges, and stress. Regular check‑ins and wellbeing support are essential.

How can HA | Wisdom Wellbeing support duty of care compliance?

We support employers through 24/7 EAP access, MHFA training, manager coaching, trauma support, wellbeing assessments, and digital wellbeing resources. These services help organisations meet legal requirements and protect employee wellbeing.

Related Entities

Health and Safety at Work etc. Act 1974 — The primary UK law requiring employers to protect employee health, safety and welfare.

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.

HSE (Health and Safety Executive) — The UK regulator responsible for enforcing health and safety law.

ACAS — Provides guidance on workplace policies, conflict resolution and best practice.

HSE Management Standards for Stress — A framework for identifying and reducing work‑related stress risks.

Workplace risk assessments — A legal requirement to identify hazards and implement controls.

Reasonably practicable steps — The legal test for how far employers must go to protect employees.

Employee Assistance Programme (EAP) — A confidential support service offering counselling, advice 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 manage health conditions affecting work.

Psychological safety — A workplace environment where employees feel safe to speak up without fear of negative consequences.

Wellbeing policies — Employer policies outlining how health, safety and wellbeing are supported.

Sickness absence management — Processes for supporting employees who are off work due to illness.

Remote and hybrid working — Working arrangements that require employers to manage additional risks such as isolation and ergonomics.

Critical incident support — Specialist support for employees affected by traumatic or high‑stress events.