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article  /  30th Dec 2025

Homeworking Staff Entitled to Compensation?

SECTION GUIDE

Could employers be liable for accidents that happen with homeworking staff?

A recent overseas case (Lauren Vercoe v Local Government Association Workers Compensation Scheme) has reignited concern — and confusion — for UK employers navigating homeworking health and safety obligations.

In this guide, we unpack what the case means (and doesn’t mean) for UK organisations, explain the legal framework, and set out clear, practical steps employers should be taking now.

The overseas case that sparked debate

In September 2022, an employee of Adelaide Council in Australia was injured while working from home after tripping over a 60cm-high puppy fence. She broke her arm, injured her knee, and required surgery and six weeks off work.

Her workers’ compensation claim was initially rejected. However, in October 2024, an employment tribunal overturned that decision, ruling the injury arose “in the course of employment” because it occurred during an authorised coffee break — treated as part of the working day.

Australia operates a no-fault workers’ compensation system, meaning:

  • Employer control over the home environment was irrelevant
  • The fact the employee installed the fence herself was not considered

The only test was whether the injury happened while working or undertaking an activity reasonably incidental to work.

Unsurprisingly, many employers reacted with disbelief.

 

Homeworking staffimpact hr ident
Homeworking staff

Could a similar claim succeed in the UK?

Short answer: highly unlikely — provided employers are compliant with UK health and safety law.

At impact HR, we do not believe this Australian decision would translate directly into a successful claim under UK law. The UK legal framework for personal injury and workplace health and safety is fundamentally different and is based on fault and negligence, rather than a simple assessment of whether an injury occurred during working hours.

In the UK, an employer is not automatically liable for accidents that happen while an employee is working from home. Instead, liability depends on whether the employer has failed to take reasonably practicable steps to manage work-related risks.

For a personal injury claim to succeed, an employee must establish all of the following:

That the employer owed a duty of care

  • This duty exists in all employment relationships, including where employees work remotely.

That the employer breached that duty

  • For example, by failing to carry out a suitable risk assessment, provide appropriate guidance, or supply safe work equipment.

That the breach directly caused the injury

  • There must be a clear causal link between the employer’s failure and the accident itself.

Crucially, the fact that an accident occurs during working hours or on a work break is not sufficient on its own to establish liability. UK courts will examine whether the injury arose from a work-related risk that the employer should reasonably have identified and controlled.

Where an accident results from a purely domestic hazard, particularly one created or controlled by the employee, a claim is unlikely to succeed unless the employer was aware of the risk and failed to act. This is a key distinction from Australia’s no-fault workers’ compensation system, which removes the need to prove employer negligence.

In practical terms, UK employers who have carried out proportionate homeworking risk assessments, provided clear guidance, and maintained appropriate records will generally be well-placed to defend such claims.

Homeworking staff

UK homeworking health and safety law explained

UK health and safety law applies to employees wherever they work — including from home — but it is not unlimited in scope.

Under the Health and Safety at Work etc. Act 1974, employers are required to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees. This duty extends to remote and homeworking arrangements, but it is deliberately framed to reflect what is reasonable, proportionate and within the employer’s control.

In a homeworking context, this duty typically includes:

  • Providing safe systems of work
    This means ensuring that work activities can be carried out safely, with appropriate processes, policies and expectations in place.
  • Supplying suitable work equipment
    Any equipment provided by the employer — such as laptops, monitors or chairs — must be suitable for the task and maintained in safe condition.
  • Giving appropriate information, instruction and training
    Employers must provide guidance on safe homeworking practices, including workstation setup, DSE requirements and how to identify and report risks.

Importantly, the Act does not impose an absolute duty on employers, nor does it require them to eliminate all risks within an employee’s home. The obligation is limited to what is reasonably practicable in relation to work-related risks.

  • Risk assessments and the limits of employer responsibility

    The Management of Health and Safety at Work Regulations 1999 build on this framework by requiring employers to carry out suitable and sufficient risk assessments for their employees, including those working from home.

    In practice, this usually involves:

    • A structured homeworking self-assessment or checklist
    • Consideration of risks arising from the work itself (for example DSE, electrical equipment, or prolonged sitting)
    • Clear guidance on maintaining a safe working environment

    Guidance from the Health and Safety Executive makes an important distinction: “employers are expected to assess and manage work-related hazards, but they are not responsible for general household risks that are unrelated to the work being carried out and outside their control.”

  • Domestic hazards vs work-related risks

    This distinction is critical when considering potential liability.

    Items such as:

    • Pet fences or stair gates
    • Children’s toys
    • Household furniture or clutter

    would almost certainly be classed as domestic hazards, not work equipment or work-created risks. Provided the employer has issued reasonable guidance and carried out a proportionate risk assessment, they would not normally be responsible for injuries arising from such household conditions.

    UK courts and regulators recognise that employers cannot control — and are not expected to police — the entirety of an employee’s home environment. Responsibility is shared, with employees expected to take reasonable care of their own surroundings.

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What UK employers should be doing now

Homeworking safety does not require intrusive oversight or unrealistic controls — but it does require structure, consistency and evidence.

UK employers who take a proportionate, well-documented approach to managing homeworking risks will significantly reduce the likelihood of successful personal injury claims and demonstrate compliance with their statutory duties.

At impact HR, we recommend employers focus on the following five areas.

  • Carry out homeworking risk assessments

    A suitable and sufficient homeworking risk assessment is the foundation of legal compliance.

    In most cases, this can be achieved through a structured self-assessment or checklist, completed by the employee and reviewed by the employer. The assessment should focus on work-related risks, not general household conditions.

    Key areas to cover include:

    • Slips, trips and falls, particularly around workstations and walkways
    • Fire and electrical safety, including sockets, extension leads and equipment use
    • Display Screen Equipment (DSE), workstation layout, seating, screen height and posture

    The assessment should be reviewed periodically, and whenever there is a material change — such as new equipment, a change of location, or a reported issue.

  • Issue clear homeworking guidance

    Risk assessments must be supported by clear, accessible guidance that explains what safe homeworking looks like in practice.

    A well-drafted homeworking policy should include practical reminders on:

    • Keeping walkways and work areas clear of obstructions
    • Managing cables, chargers and equipment safely
    • Separating workspaces from domestic hazards where possible

    Guidance should be written in plain language, avoiding legal jargon, and reinforced through induction, training or regular communications. This helps demonstrate that the employer has taken reasonable steps to inform and instruct employees.

  • Ensure safe work equipment

    Where employers provide equipment for homeworking, they retain responsibility for ensuring it is safe and suitable for use.

    This includes confirming that:

    • Equipment is appropriate for the task being performed
    • Chairs, monitors and accessories support safe posture and ergonomics
    • Equipment is maintained in safe working condition

    Employers are not required to supply every item within a home office, but where equipment is provided, there should be a clear process for reporting faults, requesting adjustments and replacing unsafe items.

  • Encourage hazard reporting

    Policies and risk assessments are ineffective if employees do not feel able — or willing — to raise concerns.

    Employers should ensure that employees:

    • Know how to report health and safety issues
    • Understand when concerns should be escalated
    • Feel confident that issues will be addressed without negative consequences

    Clear reporting channels support compliance and help employers demonstrate that they actively monitor and manage risks, rather than relying on paperwork alone.

  • Keep clear records

    When it comes to defending claims, evidence matters.

    Employers should retain clear, organised records of:

    • Completed homeworking risk assessments
    • Guidance, policies and safety instructions issued
    • Training, briefings or DSE assessments provided

    Good record-keeping allows employers to demonstrate that they have taken reasonably practicable steps to protect employees. In the event of a claim, this documentation is often decisive.

impact HR expert view

A UK claim based on the circumstances of this Australian case would be unlikely to succeed unless the employer had failed to assess or manage work-related risks.

A UK employer could reasonably argue that:

  • The pet fence was a domestic hazard unrelated to work activities or equipment; and
  • The employee failed in their own duty of care under Section 7 of the Health and Safety at Work etc. Act 1974

Where employers have taken reasonably practicable steps — including risk assessments, guidance and employee engagement — they will have a strong defence.

Key takeaway for employers

Homeworking is here to stay — and so is shared responsibility.

Employers must proactively assess and communicate risks. Employees must take ownership of their own working environment. When both sides play their part, safety improves and legal exposure reduces significantly.

If you would like support reviewing your homeworking risk assessments, policies or compliance framework, impact HR can help you put robust, proportionate controls in place.

Your Questions Answered

Everything you need to know about managing homeworking staff

  • Are employers liable for accidents at home while working?Reveal

    Not automatically. Liability depends on whether the employer breached their duty of care and whether that breach caused the injury.

  • Do employers need to inspect employees’ homes?Reveal

    No. Employers can rely on self-assessment risk checklists and clear guidance.

  • Are employers responsible for domestic hazards?Reveal

    Generally no. Employers are responsible for work-related risks, not general household hazards.

  • Can employees claim compensation for trips and falls at home?Reveal

    Only if they can show employer negligence. If the employee caused the hazard themselves, contributory negligence is likely.

  • Do coffee breaks count as working time?Reveal

    They can form part of the working day, but this alone does not create employer liability under UK law.

Where to find out more A collection of hand-picked useful resources for managing home working staff from impact HR and beyond

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