Duty of care is a legal obligation in the UK that requires individuals and organisations to take reasonable steps to protect others from harm.
In the workplace, it means employers must do what is reasonably possible to keep employees safe, healthy, and not put at unnecessary risk while doing their job.
It’s not about eliminating all risk — it’s about acting responsibly.
Duty of care: the simple definition
In UK law, a duty of care exists when:
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One party has responsibility for another, and
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It’s reasonably foreseeable that their actions (or inaction) could cause harm
In plain terms:
If you could reasonably predict that something might cause harm, you have a responsibility to act to prevent it.
Duty of care in the workplace
Employers in the UK have a legal duty of care to their employees under several laws, including:
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The Health and Safety at Work etc. Act 1974
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The Management of Health and Safety at Work Regulations 1999
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Common law (case law developed through courts)
This duty applies to:
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Physical health
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Mental health
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The working environment
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Equipment and workstations
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Home and hybrid working arrangements
What does an employer’s duty of care include?
An employer’s duty of care typically includes:
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Providing a safe working environment
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Supplying suitable equipment to do the job safely
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Carrying out risk assessments
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Addressing known health risks (such as prolonged sitting)
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Taking concerns about pain or discomfort seriously
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Making reasonable adjustments where appropriate
For desk-based roles, this often includes:
Duty of care and back pain
Back pain is one of the most common workplace health issues in the UK.
If an employer is aware that:
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An employee sits for long periods, and
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The workstation or chair may be contributing to pain
Then duty of care may require them to:
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Review the setup
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Carry out a DSE or ergonomic assessment
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Consider adjustments, such as an ergonomic chair
Ignoring reported pain can put employers at risk of breaching their duty of care.
Duty of care vs reasonable adjustments
These two concepts are related but not the same.
Duty of care:
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Applies to all employees
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Focuses on preventing harm
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Comes mainly from health and safety law
Reasonable adjustments:
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Apply where an employee has a disability or long-term condition
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Come from the Equality Act 2010
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Focus on removing barriers at work
In practice, many adjustments — like improved seating — can fall under both.
Does duty of care apply to home working?
Yes.
If an employee is required to work from home, employers still have a duty of care to ensure:
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The work setup is safe
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Risks are assessed (often via DSE self-assessments)
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Issues raised by employees are addressed
Home working does not remove an employer’s responsibilities.
What is considered “reasonable”?
Duty of care is based on what is reasonable, not what is perfect.
Courts and regulators consider:
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The level of risk
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The cost and practicality of reducing that risk
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The size and resources of the employer
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Whether the employer knew (or should have known) about the issue
An inexpensive, practical adjustment that reduces known harm is usually considered reasonable.
What happens if an employer breaches their duty of care?
If an employer fails in their duty of care, consequences can include:
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Injury or worsening health conditions
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Formal grievances or complaints
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Employment tribunal claims
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Health and Safety Executive (HSE) action
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Legal claims for negligence
Most issues can be avoided by listening early and acting proportionately.
Key takeaway
In the UK, duty of care means employers must take reasonable steps to protect employees’ health and safety — including risks linked to how people work, sit, and use equipment.
If a risk is known, preventable, and reasonably fixable, duty of care usually means doing something about it.
