In the UK, personal injury law exists to protect employees when accidents happen. Employers have a legal duty to keep you safe. When they fail and there’s a breach of health and safety at work, you could be entitled to claim compensation for a workplace injury.
In this guide, we’ll explain what counts as a breach in this duty of care, how the law applies and what steps to take next. Then we’ll look at how Express Solicitors can help if the worst happens.
What is a health and safety breach?
A health and safety breach happens when your employer fails to meet their legal obligation to keep you safe at work. This is known as a duty of care. In the UK, all employers must take reasonable steps to prevent accidents and protect your wellbeing. A breach in duty of care occurs when they ignore known risks, neglect safety measures or create hazardous conditions.
The Health and Safety Executive (HSE) is the national body that monitors workplace safety. They can investigate serious incidents and take enforcement action against employers who don’t meet their responsibilities.
Your employer’s responsibilities under UK law
UK employers are legally required to protect the health, safety and welfare of their staff. This duty is set out in the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999.
In some cases, responsibility might be shared, but that doesn’t let your employer off the hook. Failing to act on risks, ignoring complaints or cutting corners on safety could all breach their duty of care.
- Safe working environment — Your workplace must be clean, well-maintained and free from hazards.
- Risk assessments — Employers must assess potential dangers and take action to reduce or remove them.
- Training & supervision — You must be trained and supervised to carry out tasks safely.
- Provision of PPE — Free protective equipment should be provided, suitable for the job and properly maintained.
The HSE may step in if your employer fails to meet these obligations.
Common examples of health and safety breaches at work
Not every accident at work is caused by a safety breach, but many are. Spotting the signs can help you understand if your employer has failed in their duty of care. These are six of the most common health and safety breaches at work:
- Inadequate training or supervision — If you weren’t properly trained to use equipment or follow procedures, your employer may be at fault.
- Unsafe equipment or premises — This includes faulty tools, broken machinery, poor lighting, wet floors or blocked fire exits.
- Failure to provide PPE — Employers must supply free personal protective equipment (PPE) where needed. If they didn’t, that’s considered a breach.
- Ignored or incomplete risk assessments — If your employer failed to assess a known hazard, or ignored the findings, they may have acted negligently.
- Poor manual handling processes — If you were asked to lift or carry heavy items without training or equipment, that’s a red flag.
- Failure to address workplace violence or harassment — Employers must also protect you from physical and psychological harm.
Can I claim compensation for a health and safety breach?
To have a valid health and safety breach claim, there must be a clear connection between the breach and the harm you’ve suffered. Useful proof includes:
- Medical records and diagnosis reports
- Witness statements from colleagues
- Accident book entries or incident logs
- Photographs or CCTV footage of the hazard
In most cases, you have up to three years from the date of the incident to start your claim. If you’re unsure whether your situation qualifies, our team can review your case for free. We’ll help you understand your rights and fight for the compensation you deserve.
What to do if you think there has been a breach
If you believe there’s been a breach of health and safety at work, taking the right steps now can make all the difference. Here’s what to do:
- Report the issue to your manager or supervisor as soon as possible.
- Document the breach by taking photos, making notes and speaking to witnesses.
- Log the incident in your workplace accident book.
- Report it to the HSE if it’s serious or ongoing, especially if your employer fails to act.
- Get medical attention even if you feel fine. Some injuries take time to appear.
- Get in touch with Express Solicitors for clear, confidential advice.
If you have a case, our experts will handle it on a no-win, no-fee basis – so there’s no cost to start your claim.
How Express Solicitors can help
If your employer has failed in their duty of care, you have the right to seek justice. At Express Solicitors, we specialise in workplace injury claims. We’ll assess your case for free, explain your options clearly and guide you every step of the way.
And our no-win, no-fee promise means there’s no financial risk to you at any point. Contact us today for free legal advice and find out if you could make a claim.
Frequently asked questions
What is considered a health and safety breach?
A health and safety breach happens when your employer fails to take reasonable steps to keep you safe at work, like not providing PPE, ignoring risks or failing to train staff properly.
Can I claim for unsafe working conditions?
If unsafe conditions led to an injury or illness, and your employer failed in their duty of care, you could be entitled to claim compensation.
What if my employer didn’t follow proper procedures?
Failing to follow safety procedures, like risk assessments or training, can count as negligence. If it caused you harm, you could have a claim.
Can I claim even if no one reported the issue before?
Previous reports aren’t required. If your employer breached safety laws and it caused you harm, you may still be able to claim.