In the United Kingdom, all employers have a duty of care to their staff, the duty requires them to do what is ‘reasonably practicable’ to fulfil this duty. This means that an employer is not required to do something to reduce the risk which would be grossly disproportionate or impossible. This duty is non-delegable, meaning that the employer themselves taking reasonable care to ensure their employees are safe is not enough instead they must ensure reasonable care is taken not only by themselves but anyone involved in the workplace. For example, the employer will be liable if those they delegate to do not take reasonable care to ensure the employees are safe.
They must ensure that the work environment is safe for their employees, this includes both physical and psychological harm. This duty requires employers to notify their employees of risks that exist in the workplace and to train their employees to deal with these risks.
There are four components to this duty:
- Competent Workforce
- Adequate Material and Equipment
- Proper System of Working
- A Safe Workplace
Competent Workforce
The employer’s duty requires them to employ competent colleagues, this will not only include ensuring that the colleagues are suitably trained and supervised but they will also be responsible for any bullying, victimisation or harassment carried out by an employee or group of employees to another. This is because an employer is vicariously liable for the actions of their employees in the course of their employment. Vicariously liable means that they are deemed responsible for the acts of another, normally someone they are in a position of control over.
Adequate Material and Equipment
An employer must provide employees with all the necessary equipment to complete their job, they must also instruct employees how to use and maintain this equipment. An employer is even liable for negligently manufactured equipment he provides to his employees which causes them injury if he does not take reasonable care in purchasing and providing that equipment to his employees. In Williams v Birmingham Battery and Metal Company the employer was held liable and made to pay compensation to the widow as the employer did not provide the employee with the correct safety equipment and the employee fell to their death. Although the court did mention in this case that an employer will not be liable to the same extent where an employee knows and willingly accepts the risks of harm. This is what is referred to as contributory negligence which is explained in more detail below. If the employer provides safety equipment that is not adequate to offer the protection the employee needs, then the employer will be liable for any harm the employee suffers which could have been prevented if better and more suitable safety equipment was provided.
Proper System of Working
A proper system of working requires an employer to ensure the physical layout and order work is carried out in is safe, along with providing safety instructions and warnings to employees. They must ensure not only that this system exists but is implemented.
It will not simply be enough for employers to provide employees with the safety equipment they must also provide the employee with instruction as to why and how to use it. In the case Pape v Cumbria County Council [1992] it was held it was not enough to provide safety equipment they also have to take reasonable steps to ensure the employee understands how and why to use them.
A Safe Workplace
An employer is required to take reasonable care to ensure the workplace is safe, although they are not required to ensure it is completely safe only that they have taken reasonable care in ensuring its safety. An employer can also be responsible for injury caused at the premises of a third party which the employee sustains during their work. An example is the case of King v Smith and Another [1995] where an employer was held liable for an injury an employee suffered when they were cleaning a customer’s window.
Consequences
If an employer fails in their duty of care resulting in an injury to an employee, the employee may claim compensation.
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