Your Right to a Safe Workplace (Health, Safety & Duty of Care)
Every employee in the UK has a fundamental right to a safe work environment. This is not just a moral expectation; it is a legal obligation placed on every employer, known as the "duty of care."
This guide explains what your employer's duty of care means in practice, the laws that protect you, and what to do if you believe your safety or wellbeing is at risk.
What is an Employer's Duty of Care?
An employer's duty of care is their legal responsibility to take all reasonably practicable steps to protect the health, safety, and wellbeing of their employees. This is a broad duty that covers all aspects of your working life.
This includes protecting you from:
Physical Harm: Such as unsafe equipment, dangerous working practices, or an unsafe building.
Psychological Harm: Such as stress, bullying, harassment, and discrimination.
This duty is proactive. Your employer should not wait for an accident or incident to happen; they must actively assess and mitigate risks in the workplace.
The Legal Foundations of Your Right to Safety
Your right to a safe workplace is protected by several key pieces of UK legislation.
The Health and Safety at Work etc. Act 1974: This is the primary law that establishes an employer's duty to ensure the health, safety, and welfare of their staff.
The Management of Health and Safety at Work Regulations 1999: This requires employers to conduct formal risk assessments to identify and manage hazards.
The Equality Act 2010: This protects you from harassment and discrimination, which can constitute a breach of the duty of care if it creates a hostile or unsafe environment.
What is Safeguarding?
Safeguarding is a specific part of the duty of care that focuses on protecting vulnerable people from harm, abuse, or neglect. While often associated with roles involving children or vulnerable adults, the principles apply to all workplaces. If your employer allows a culture of bullying or harassment to thrive, they are failing in their duty to safeguard their staff from harm.
What To Do If Your Safety is at Risk
If you believe your employer is failing in their duty of care or there is a serious safeguarding issue, you have the right to take action. A clear, documented approach is the most effective way to enforce your rights.
Learn the detailed steps for taking action: [The Safeguarding & Duty of Care Toolkit]
Raise a formal complaint: [The Grievance Survival Toolkit]