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Essential points

  • An employer owes an employee a duty of care to safeguard his health and safety in the context of his employment. That is established by common law and is not a separate right but an aspect of the general rule of negligence.  Mental health, including psychiatric illness caused by stress at work is within the scope of the duty. An individual’s known particular weaknesses or susceptibilities are also to be taken into account by the employer.
  • An equivalent right is likely to be implied into the contract of employment – in other words, the contract term exists for everybody; it does not need to be physically written down. The law also generally recognises an implied term of trust and confidence into employment contracts, which may have relevance.

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Disclaimer 

​Please note: While every care has been taken in compiling this content, the CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.

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