Member tool: CIPD Buddy AI
Use AI to find trusted answers on our Knowledge hub. Start using CIPD Buddy

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.

Content

To continue reading, log in or become a member

Affiliate membership offers instant access to CIPD resources without the need for assessments or study, or explore your options to become a professional member of the CIPD to demonstrate your commitment to the world of work.

  • Access to exclusive, up-to-date resources
  • Become part of a community to learn, debate and connect with other people professionals
  • Free access to a series of CIPD learning courses and a discount on the rest of our catalogue
Instant access Explore membership

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.

Employment
law advice

Want more employment law advice? Members can phone the CIPD legal helpline or take out a discounted subscription to HR-inform for additional resources.

Employment law helpline HR-inform
Callout Image
  • Data

    Data hub

    Explore the evidence behind workforce trends

  • Factsheet

    Occupational health

    Outlines the kind of occupational health services an organisation might offer and the role of confidentiality and consent in discussing an employee’s health

    For Members
    • Employment law
  • Employment law

    Annual leave: UK employment law

    The CIPD's dedicated legal resource on holiday entitlement for all types of worker. This page includes guidance leave allowances and pay and a downloadable infographic on what you need to know about annual leave.

    For Members