Written by Rick Gregory, Editorial Lead · Legal information checked in collaboration with Edward & Amaury Solicitors (SRA 800525) · September 2026 · ~4 min read
Quick Summary
- The Management of Health and Safety at Work Regulations 1999 require employers to carry out "suitable and sufficient" risk assessments covering the work their employees do
- A risk assessment isn't a one-off box-ticking exercise — it needs to identify real hazards, assess who might be harmed and how, and set out control measures that are actually implemented
- A missing, outdated, or inadequate risk assessment doesn't automatically win a claim, but it's often central evidence where an accident happened because a foreseeable risk wasn't properly addressed
- Employers with five or more employees are legally required to record significant findings in writing
What does the law actually require?
Under the Management of Health and Safety at Work Regulations 1999, employers must carry out a "suitable and sufficient" assessment of the risks to the health and safety of their employees while at work, and of anyone else who may be affected by how the business operates. This isn't a vague aspiration — it's a specific legal duty, and the assessment needs to be genuinely fit for purpose, not a generic template that doesn't reflect the actual work being done.
What makes a risk assessment "suitable and sufficient"?
A proper risk assessment should:
- Identify the actual hazards present in the specific work being carried out — not a generic list unrelated to the real tasks and environment
- Identify who might be harmed and how, including employees, visitors, and anyone else affected
- Evaluate the risk and decide what control measures are needed to reduce it to an acceptable level
- Record the significant findings — employers with five or more employees must do this in writing
- Be reviewed and updated when circumstances change, or after an accident reveals the existing assessment didn't adequately address a real risk
Does having a risk assessment automatically protect my employer from a claim?
No. A risk assessment existing on paper isn't enough — the control measures it identifies actually need to be implemented and followed. An employer that has a risk assessment identifying a hazard, but does nothing to control it, hasn't discharged their duty simply by having the document. The question in any claim is whether the assessment was suitable and sufficient, and whether its findings were actually acted on.
What if there was no risk assessment at all?
The complete absence of a risk assessment for work that clearly required one is significant evidence of a breach of duty. It doesn't automatically mean you win your claim — you still need to show the missing assessment caused or contributed to your accident — but it's a strong indication that your employer failed to properly manage a foreseeable risk.
What if the risk assessment existed but didn't cover what actually happened?
This is common, and can be just as significant as having no assessment at all. If your accident arose from a hazard the assessment should reasonably have identified but didn't, that gap itself can support a claim that your employer failed to take reasonable care.
What evidence is useful here?
- A copy of the relevant risk assessment, if one exists — your solicitor can request this
- Evidence of what training or instruction you were actually given based on it (or the lack of any)
- Photographs or descriptions of the hazard that caused your accident
- Details of whether colleagues had raised similar concerns before your accident
Frequently asked questions
Do all employers need to carry out risk assessments, regardless of size?
Yes — the duty to assess risk applies to all employers. The requirement to record findings in writing specifically applies to employers with five or more employees, but the underlying duty to assess risk exists regardless of business size.
What if my employer says the risk assessment was "adequate" but I was still injured?
Being injured doesn't automatically mean the assessment was inadequate, but it's exactly the kind of question a solicitor will investigate — whether the assessment genuinely identified and addressed the risk that caused your accident.
Can I request a copy of the risk assessment covering my accident?
Yes, and your solicitor can request this formally as part of gathering evidence for your claim if your employer doesn't provide it voluntarily.
Think a missing or inadequate risk assessment played a part in your accident?
A specialist solicitor can assess your specific circumstances and request the relevant records.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.