In a decision dated March 26, 2025 (French Supreme Court n°23-13.081), the Social Chamber reiterated the strict scope of the employer’s duty of care under Articles L.4121-1 and L.4121-2 of the French Labour Code. The Court held that an employer cannot be deemed to have fulfilled their legal obligation to ensure employee safety if they fail to take all preventive measures required by law, even if the employee had not formally reported deteriorating working conditions.
- Background of the case
Mr. H., employed as a maintenance technician since 2003, was dismissed for gross misconduct in August 2018. He challenged his dismissal and sought compensation for various claims, including damages for breach of the employer’s duty to protect his physical and mental health.
The Court of Appeal of Metz rejected his claim, noting that he had not reported any degradation of working conditions or health concerns to his employer prior to August 10, 2018. This, according to the court of appeal, limited the employer’s obligation to act.
However, the facts established in the case showed that Mr. H. had been physically assaulted by coworkers on two separate occasions: January 17 and July 16, 2018. These incidents were not disputed in the ruling.
- The Supreme Court’s reasoning
The French Supreme Court overturned the lower court’s reasoning. It emphasized that the employer’s obligation to ensure safety is proactive, not reactive. Specifically:
🔹 “The employer does not fulfill their legal obligation unless they demonstrate having taken all preventive measures provided for under Articles L.4121-1 and L.4121-2, including appropriate actions to prevent further altercations among employees.”
The Court stressed that the employer must prove the implementation of appropriate preventive actions and awareness efforts, and not merely respond after harm has occurred. In this case, no evidence was presented that the employer undertook such actions despite having knowledge of two incidents of workplace violence.
- Legal framework and key takeaways
Under Article L.4121-1, employers must take necessary steps to ensure the safety and health (physical and mental) of workers. Article L.4121-2 outlines specific obligations, including:
- Risk assessment,
- Training and information,
- Implementation of preventive plans.
The French Supreme Court clarified that even if the employee did not alert management through formal channels, known incidents of violence in the workplace automatically trigger the employer’s responsibility to act.
- Implications for employers and HR professionals
This decision serves as a reminder of the strict and proactive nature of the obligation to prevent workplace risks. Employers must:
- Implement a comprehensive risk prevention policy,
- Take immediate and visible action when violence or threats emerge,
- Document any measures taken, even prior to formal complaints.
Employers cannot rely solely on the employee’s failure to file a formal report to avoid liability.
- Conclusion
The March 2025 decision reaffirms that employer liability for health and safety breaches does not depend on employee complaints, but on whether all appropriate preventive steps were taken, especially when incidents of violence or harassment are known.
The case has now been referred back to the Court of Appeal for reconsideration, limited to the employee’s claim for damages based on the employer’s breach of their duty to provide a safe working environment.
https://www.legifrance.gouv.fr/juri/id/JURITEXT000051399904?isSuggest=true