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For Merton businesses, a comprehensive duty of care to employees is a responsibility not to be overlooked. But how far does that duty extend? While the law generally stops at the office door, employer moral obligations, to actively maintain employee wellbeing, should call into play an appropriate review of their daily commute to and from work. 

Understanding your responsibilities for your team’s travel isn’t simply a case of ticking a few legal compliance boxes. It’s about creating a workplace culture that values staff wellbeing even if they’re technically not on-site.

Employers’ duty of care under UK regulations

Under UK law, employers have a duty to take all reasonably practicable steps to ensure the health, safety, and wellbeing of their staff while they are engaged in any work activities. This duty covers business travel such as client meetings, site visits, and other work-related journeys. However, it generally doesn’t include an employee’s daily commute to and from the office.

The Health and Safety at Work Act 1974 places clear duties on employers, but these generally cease once an employee leaves company premises at the end of their working day. That said, this doesn’t absolve employers of their duty of care, nor does it mean they should ignore their staff’s commuting experience entirely.

When duty of care encompasses more than the workplace

Whilst employers aren’t legally liable for most commuting accidents, there are important exceptions. If you’ve asked an employee to attend an early morning meeting or work late into the evening, you’ve created a situation that could be viewed differently. Similarly, if you require staff to travel between multiple sites during their working day, those journeys fall squarely within your duty of care. 

If an accident takes place during this time to your employee or at the hands of your employee, you could find yourself liable. This grey area, otherwise known as vicarious liability is explained in detail by specialist law firm George Ide LLP: “Vicarious liability is an important legal principle that allows an individual to pursue an employer for the wrongful actions of an employee. Firstly, there is a requirement for the wrongful action to have been committed in the course or scope of the employee’s employment. Secondly, the wrongful action must be closely connected with the employee’s authorised employment activity, to the extent that it would be considered just and fair to hold the employer accountable.”

Risks of unsafe or challenging work commutes

The reality is that commuting, while often seen as a cumbersome chore, can be a risky activity. When accidents occur, the consequences can be severe, and while most car accidents may be uncomfortable and not too severe, that doesn’t mean the risk should be overlooked in any way.

Even workers who cycle or walk to work amidst a sea of other commuters could be at risk. Pedestrian incidents alone can result in a variety of injuries, from fractures to the more catastrophic incidences of head and brain trauma or spinal cord damage, not to mention psychological trauma. The long-term effects of such injuries can be devastating on employees, affecting their capabilities at work and possibly leading to extended absence. This can then result in a knock-on effect on your business’ operational productivity.

Recent government research reveals that, in 2024 alone, 459 people were killed in collisions involving a working driver, 2,308 driver and passenger collisions resulted in death or serious injury, and 1,173 pedestrians were also killed or seriously injured when not working. This reveals a troubling picture, not to mention how employees may feel unsafe commuting on public transport during unsociable hours or travelling to or from work alone.

Travelling for work can introduce worker stress and pose new concerns that affect their overall productivity and job satisfaction. Recent data from Locate Global suggests that 75% of workers have safety concerns when travelling for business, and 69% have concerns about their journeys as a whole. This is a retention risk that you can ill afford to ignore.

Many employees believe that their employers could be doing more to protect them if they’re repeatedly exposed to hazardous situations. More also agree that their duty of care should extend to the commute, particularly if it’s perilous and involves navigating complex, busy roads or potentially unlit routes which can get dark very quickly. Progressive employers will recognise that staff wellbeing doesn’t end at the office door.

Practical steps for Merton businesses

Even without legal obligation, there are practical measures SMEs can implement:

• Extend communication channels for employees to discuss commuting concerns or safety issues, particularly if they finish late or start very early.
• Review scheduling so that staff who are affected can travel at more sociable hours.
• Consider staggered start times to relieve some pressure on employees navigating busy stations such as Wimbledon or Morden, and all the Underground lines that quickly build up at rush hour.
• For businesses operating vehicle fleets, whilst route planning and optimisation tools are essential for efficiency, safety must never be compromised for the sake of KPIs. Implement regular rest breaks and attainable journey times, as the essential starting point.
• Personal safety apps and lone working solutions can provide round-the-clock support, allowing employees to raise alarms when they feel at risk. 

The business case for employee care

While employers cannot control every aspect of their employees’ journeys to and from work, they can create an environment where they feel heard, respected, and cared for. Reasonable adjustments can be made, feelings of safety can be fostered, and steps can be taken to ensure risks are minimised. 

The Merton Chamber of Commerce supports local businesses in creating positive workplace cultures. To involve yourself in a community that truly values employee wellbeing and business best practice, consider becoming a member or attend one of our networking events.

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