Until 27th October 2003 there was a "civil liability exclusion" which applied to both the Management of Health and Safety at Work Regulations 1999, SI 1999/3242 (MHSWR) and to the Fire Precautions (Workplace) Regulations 1997, SI 1997/1840 (see reg 22 of the MHSWR and Fire Precautions Act 1971 s.27A). This meant that employees could not sue their employers for injury resulting from a breach of the regulations.

From 27th October 2003 the position is changed. From that date employees can claim damages from their employer in a civil action, where they suffer injury or illness as a result of the employer breaching the Management of Health and Safety at Work Regulations 1999, SI 1999/3242 or the Fire Precautions (Workplace) Regulations 1997, SI 1997/1840. Employers will also be able to bring actions against employees for breach of their duties under the 1999 Regulations. The changes are implemented by the Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 SI 2003/2457). However employees cannot bring claims against employers if the employer's duty is imposed for the protection of persons not in their employment, that is, third parties.

Following 2005 HSE proposals for further amendments to the civil liability rules, a subsequent amendment expressly removes the (certainly unintended and probably in practice remote) possibility of third parties suing employees for any breach of duty arising under the MHSWR - this amendment is in force from 6th April 2006 (see Management of Health and Safety at Work (Amendment) Regulations 2006, SI 2006/438).

If death of an employee is caused by any actionable "wrongful act, neglect or default" by the employer the dependants of the deceased can bring an action for damages against the employer (Fatal Accidents Act 1976 s.1).

See also notes at Unfair dismissal/automatically unfair dismissals/health & safety and/or Health and Safety at work/main legislation