Health and Safety : Liability to Employees

Following changes implemented by the Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 SI 2003/2457, an employee (or his or her estate if the employee is killed in a workplace accident) can bring a claim for damages against the employer in a civil action for breach of statutory duty in respect of injury or illness suffered as a result of the employer’s failure to comply with the Management of Health and Safety at Work Regulations 1999 or the Fire Precautions (Workplace) Regulations 1997.

Prior to 27 October 2003 there was a ‘civil liability exclusion’, which meant that employees could not sue their employers for injury resulting from a breach of these regulations.

The amendments are intended to ensure that UK law properly implements EC Directive 89/391/EEC, the health and safety framework directive of 12 June 1989.

The benefit of the amendments is for employees only. The new amendments expressly provide that an employer's breach of a duty imposed on him by the Management of Health and Safety at Work Regulations 1999, the Fire Precautions (Workplace) Regulations 1997 and the Fire Precautions Act 1971 does not confer a right of action in civil proceedings insofar as his or her duty is for the protection of non-employees.