Employer’s Safety Obligation: Better Safe Than Sorry…

A recent ruling by the French Supreme Court reminds us that the employer’s safety obligation applies even when an employee is directly involved in a tense atmosphere within the team (Cass. soc., March 26, 2025, no. 23-13.081).

In this case, the employee held a managerial position. His dismissal for gross misconduct followed a deteriorated internal environment marked by two physical altercations with colleagues.

The company blamed him for poor management, which allegedly contributed to the breakdown in team relations. The employee challenged his dismissal by alleging a breach of the employer’s safety obligation, arguing that he had not been protected from violence directed at him.

The Court of Appeal rejected his claim, stating that he had failed to report the situation to management in time and that his own behavior had contributed to the tensions.

The Court of Cassation overturned that decision, reaffirming that even if the employee is partly responsible for the conflict, this does not relieve the employer of its duty to prevent such situations.

To comply with its safety obligation, the employer must demonstrate that it has implemented all the measures outlined in Articles L. 4121-1 and L. 4121-2 of the French Labor Code (risk assessment, preventive actions, information, adapted organization, etc.).

In this case, the ruling did not confirm whether such measures had been taken before the altercations occurred.

Key takeaway:

• In cases of internal conflict, the employer remains fully responsible for preventing violence between employees.
• In an environment where psychosocial risks are under increasing scrutiny, legal exposure is high if the employer cannot demonstrate proactive management of internal tensions.

When it comes to safety obligations, prevention is better than cure. A few simple rules can help reduce risks:

• Regularly assess team tensions

• Set up a listening and reporting system accessible to all, including managers

• Document preventive actions taken before, during, and after any identified conflict, especially by including them in the DUERP (Occupational Risk Assessment Document)

The evolution of case law shows that managing employees in distress has become a key aspect of an employer’s safety responsibilities.