DSE Law in India: Where is the Legal Responsibility?

For many UK businesses, a significant portion of day-to-day operations now involves teams based in India—whether in call centres, IT development hubs, or business process outsourcing (BPO) facilities.

With this operational spread comes a crucial legal and ethical question:
Does the UK’s Display Screen Equipment (DSE) law apply to employees working in India, and if so, who holds the legal responsibility for compliance?

As a solicitor specialising in cross-border employment law at Botch & Singh LLP, I can say with confidence that while the legal obligations may seem territorially limited, the duty of care, liability for poor workstation practices, and risk exposure are very real—especially if those Indian employees are working directly for a UK-registered business.

Let’s explore what that means in practice.

What Does the UK DSE Law Say?

The UK’s DSE Regulations form part of the Health and Safety (Display Screen Equipment) Regulations 1992, which were implemented under the Health and Safety at Work Act 1974. The regulations require employers to:

• Assess DSE workstations to reduce risks
• Ensure workstations meet minimum requirements
• Provide eyesight tests and glasses if needed
• Give users regular breaks from screen work
• Offer training and information on safe DSE use

These duties apply to “users”—i.e., employees who use DSE daily for continuous periods of an hour or more. And while the legislation is geographically rooted in the UK, it becomes murkier when teams operate outside the country under UK managerial or contractual oversight.

The International Challenge

If your Indian staff are employed through a UK-registered legal entity, or work remotely but report into UK-based management, then the question is not just “Do we have to comply?”—it’s “Can we afford not to?”

Here’s why:

1. Reputational Risk & Corporate Responsibility
   Employees in India doing the same screen-based work as their UK counterparts should not be subjected to lower standards of care. Many UK firms have global values, ESG reporting obligations, and supplier codes of conduct that demand consistency. Providing ergonomic chairs, adjustable monitors, and proper DSE assessments isn’t just a UK requirement—it’s a reflection of corporate integrity.
2. Legal Liability Across Borders
   If an Indian employee suffers a musculoskeletal disorder or visual impairment due to poor workstation ergonomics, and it becomes evident that a UK company failed to conduct a risk assessment or provide suitable equipment, the issue doesn’t just stay in India. Such cases can trigger tribunal claims in the UK, breach of employment contract allegations, or even negligence claims—especially if the employee has a direct contractual relationship with the UK entity.
3. Indirect DSE Compliance Under Indian Law
   The Indian Factories Act, 1948 and the Occupational Safety, Health and Working Conditions Code (OSH Code) 2020 impose health and safety duties on Indian employers—including provisions around seating, lighting, ventilation, and fatigue management. While not a mirror of DSE regulations, there is enough overlap to suggest that a company with Indian employees cannot simply opt out of DSE-equivalent practices.

Who Holds the Legal Responsibility?

From a legal standpoint, responsibility depends on how your overseas workforce is structured:

• Direct Employment: If your Indian workers are employed by the UK entity, or by a UK-based company with no separate legal structure in India, the employer is responsible for applying DSE law. This includes carrying out workstation assessments, providing ergonomic adjustments, and offering training.
• Subsidiary Employment: If Indian employees are hired by a locally incorporated Indian subsidiary, then technically, the UK entity may not bear direct legal responsibility under DSE law. However, there may still be contractual and reputational accountability, particularly if the subsidiary acts as a functional extension of the UK office.
• Third-Party Vendors: If your Indian workforce is engaged through an outsourced vendor, you may not be legally responsible for DSE compliance—but you do bear a moral and commercial obligation. Increasingly, clients and regulators are scrutinising how businesses treat indirect employees, and a failure to ensure safety can lead to contractual breaches and brand damage.

 

What Should UK Employers Do?

Whether or not UK DSE law technically applies, employers should adopt a risk-based and proactive approach. Here's how:

1. Apply DSE Standards Globally: Make DSE compliance part of your global workplace policy, not just a UK-specific rule.
2. Conduct Remote Assessments: Use virtual tools to assess remote workstations for overseas employees.
3. Equip Indian Workers Equally: Provide suitable chairs, monitor arms, laptop risers, and training to all screen-based workers, regardless of location.
4. Audit and Collaborate with Vendors: Where third-party partners are involved, insist on safety standards that align with your own obligations under UK law.

In a connected world, legal borders don’t define moral responsibility. The question is no longer whether UK DSE law applies in India—but whether your organisation can justify not extending those protections. 

By recognising your duty of care across borders, you protect not just your workers, but your business’s integrity, resilience, and future.

David Singh, Botch & Singh LLP