Employers in the UK have extensive responsibilities when it comes to health and safety in the workplace — but do those responsibilities extend to the commute to and from work?
While the Health and Safety at Work etc. Act 1974 outlines clear obligations within the workplace, the grey area often lies in what happens before an employee clocks in — or after they leave. As flexible hours, night shifts, and public health concerns (like Covid-19) continue to shape the modern working world, it’s more important than ever to understand where employer duties start and stop.
In this updated post for 2025, we explore employer responsibilities for commuting employees, key legal protections, and how businesses should approach employee safety beyond the physical workplace.
What does the law say?
Health and Safety at Work etc. Act 1974
Under this legislation, employers have a duty of care to ensure, so far as is reasonably practicable, the health, safety and welfare of employees while at work. Traditionally, this doesn’t extend to commuting, as the commute typically occurs outside of working hours and off work premises.
Employment Rights Act 1996 – Section 44
This is particularly relevant. Section 44 provides protection for employees who refuse to attend work or take steps to protect themselves from “serious and imminent danger”. Key points include:
- An employee has the right not to be subjected to any detriment by their employer if they reasonably believe their safety is at risk.
- This includes where the danger is external to the workplace, such as in travel, if the risk is connected to work (e.g. travelling during a pandemic, unsafe late shifts with no transport options).
- The test is subjective: it is the employee’s reasonable belief that matters — not whether the employer agrees.
This was brought into the spotlight during Covid-19, when employees raised concerns about public transport safety. In such cases, if a person believed commuting put them at serious risk, they could raise a legitimate concern under S44.
Equality Act 2010
Where commuting risks intersect with protected characteristics — for example, disability, pregnancy, or sex — employers must also consider reasonable adjustments and avoid indirect discrimination. An example might include a female worker feeling unsafe commuting late at night — failure to offer alternative arrangements could risk a claim if her concerns are valid and unaddressed.
What is an employer’s responsibility in 2025?
While employers are not generally liable for a standard commute, there are key situations where a duty of care or legal risk may arise. Here’s what employers should be aware of in 2025:
Work-related travel
If the commute is part of the employee’s duties (e.g. travelling between job sites, attending meetings, or working at client locations), the employer has direct responsibility for that travel time — including risk assessments and provision of safe transport.
Late shifts / unsociable hours
In sectors like hospitality, healthcare, and security, where staff routinely finish work late or start before public transport is available, employers should:
- Consider safe travel policies (e.g. taxi contributions, secure parking, or buddy systems).
- Conduct risk assessments for shift patterns and location safety.
- Consult employees, particularly where concerns have been raised.
A landmark example is the Glasgow hotel assault case, where an employee was attacked while waiting for a taxi after a night shift. The employer had recently withdrawn taxi fare support — a reminder that cost-cutting in this area can lead to reputational and legal risks.
Home-to-work travel in exceptional circumstances
Employers may have responsibilities where commuting is exceptionally hazardous, such as:
- During extreme weather events
- In public health emergencies (like pandemics)
- Where threats of violence or harassment exist for certain groups of staff
In such cases, individual risk assessments should be considered, and flexibility or adjustments offered — such as homeworking or altered start times.
Managing commuting risks: Practical steps for employers
To reduce the risk of liability and uphold a positive safety culture, employers should:
- Listen actively to employee concerns about commuting
- Conduct individual risk assessments where appropriate
- Review shift patterns, especially those ending late or starting early
- Reinstate or introduce travel support policies where needed
- Train managers to recognise when commuting risks could intersect with legal protections (e.g. under S44 or Equality Act)
- Document decisions and discussions relating to safe commuting
