Employer Legal Responsibilities for Health & Safety in the UK: What You Must Know in 2026

Health and safety legislation in the UK has not stood still, and neither have the expectations placed on employers. While the Health and Safety at Work etc. Act 1974 remains the backbone of the framework, the way organisations must demonstrate compliance has evolved significantly. In 2025, there was a sharper focus on accountability, competence, and demonstrable risk management.

Yet we know many employers remain uncertain about what the law actually requires of them day-to-day. You know you must “protect employees”, but the specifics often feel vague, overly technical, or open to interpretation. This uncertainty is one of the main reasons businesses inadvertently fall short. The legal duties themselves are not ambiguous but how your organisations understand and implement them often is.

Understanding the core legal duty of health and safety

At the centre of UK health and safety law is the requirement to do everything “reasonably practicable” to protect people from harm. This is more than a principle. It’s the standard against which every incident, near miss and enforcement action is judged. You are expected to balance the level of risk against the time, cost and effort required to manage it, but you are also expected to be able to justify those decisions.

“Reasonably practicable” therefore demands a proactive mindset. It requires you to know the risks, understand who may be harmed, and evidence that the steps they took were proportionate and effective. This isn’t simply about avoiding accidents. It is about creating a controlled working environment where foreseeable risks are continually identified, monitored and reduced.

Mandatory employer responsibilities in practice

While the overarching legal duties remain consistent, many employers underestimate what these responsibilities look like in practice. A safe workplace is not created through policies alone. It is the outcome of consistent behaviours, adequate resources, and a commitment to ongoing improvement.

In reality, you must:

• Identify and manage risks in a way that is active, not reactive. Risk assessments must reflect real working conditions, not generic assumptions. They need regular review and meaningful worker involvement.

• Provide clear information, instruction and training. This is an area where many businesses fall short. Training must be delivered by competent people, refreshed regularly and properly documented. The law expects that employees understand the risks of their work and how to control them.

• Maintain equipment in safe working condition. This includes machinery, tools, vehicles, PPE and even workplace infrastructure. If equipment is faulty, unsuitable or poorly maintained, the organisation is in breach of its legal duties, regardless of whether an incident has occurred.

• Implement safe systems of work. Procedures must exist, but more importantly, they must be followed. You are expected to supervise, monitor and enforce standards consistently.

• Consult with employees. Worker consultation is not optional, it is a legal requirement. Whether through safety committees, elected representatives or direct dialogue, employees must have a voice in managing health and safety.

• Keep accurate documentation. If it isn’t recorded, it is almost impossible to prove it happened. From training records to inspection logs, enforcement bodies expect evidence of compliance.

Where most organisations fall short

Despite the clarity of the law, many employers continue to make the same mistakes. The most common issue is the assumption that compliance is achieved through paperwork alone. Policies do not protect people, practices do.

Other frequent failures include:

• Outdated risk assessments that no longer reflect the real conditions of the workplace

• Inadequate training, particularly for supervisors and new starters

• Poor communication, where employees are unaware of procedures or confused about responsibilities

• Lack of monitoring, meaning unsafe behaviours or conditions go unnoticed

• Weak leadership accountability, where health and safety sits with one person rather than being embedded across management

These issues not only increase the likelihood of incidents, they leave your organisations exposed to enforcement action. HSE inspectors are increasingly looking at whether employers can demonstrate a functioning safety management system, not just whether documentation exists.

Why competence and accountability matter

One of the most notable shifts in recent years is the emphasis on competence at every level. You must ensure that anyone responsible for planning, supervising or carrying out work has the appropriate training, knowledge and experience. This applies equally to in-house staff and external contractors.

Furthermore, accountability is stronger than ever. Senior leaders are expected to be actively involved in overseeing safety performance. If they are detached or unaware of your organisation’s risks, the business, and potentially individuals, may face consequences.

How you can strengthen your compliance

Achieving compliance is not a one-off task. It requires ongoing effort and a structured approach. For most organisations, the first step is a comprehensive review of your current arrangements. This often reveals gaps you were unaware of, especially in documentation, risk assessment quality and training coverage.

Once those areas are understood, employers can begin building a robust, legally defensible health and safety system that works in practice, not just in theory. This involves clear processes, consistent communication, strong leadership engagement and routine review of performance.

If you are unsure if your organisation is meeting all the legal requirements, then contact our expert team today.