6. Employers' Liability

Question 1

Duty of Care owed by an employer to their employee: can this be delegated to other parties?

Answer 1

No, always a personal duty which an employee can sue their employer on

Question 2

Extent of the established duty of care between employers and employees? What does it cover?

Answer 2

Physical Harm

Question 3

What specific duties does the employer have to their employees

Answer 3

1. To provide competent staff
2. To provide adequate plant and material
3. To provide a safe system of work
4. To provide a safe workplace

Question 4

When would an employer owe their employee a duty of care for occupational stress?

Answer 4

If the risk of work-related stress harm is reasonably foreseeable due to:
a. the nature of the work done by the employee
b. signs of harm from the employee (employers entitled to take what their employee tells them at face value)

Question 5

Breach of Duty: What extrinsic considerations should be taken to determine whether an employer has breached their duty?

Answer 5

• Consider health and safety regulations

Question 6

Can an employee sue their employer as both an employee (in negligence) and as an occupier under the Occupier’s Liability Act 1957?

Answer 6

Yes, if the employee satisfies the definition of a ‘visitor’ under the OLA 1957

Question 7

Employers cannot delegate responsibilities to contractors? True or False + explain

Answer 7

False, employers can delegate but have a duty to ensure these tasks are not performed negligently (as the employer will be liable if they are)

Question 8

Does the employer’s duty to provide a safe system of work cover stress at work?

Answer 8

Yes, potentially

Question 9

What must an employer do to fulfil their duty to provide a safe system of work and supervision?

Answer 9

• impose strict safety precautions
• provide employees with extensive training
• supervision

Question 10

If an employer has fulfilled their duty to provide a safe system of work and supervision and an employee (with a good safety record) performs a negligent act which endangers another, can the injured employee claim damages from the employer?

Answer 10

Likely no, as they will not have breached their duty

Question 11

If an employer employs an independent contractor to do a task and reasonable care is not taken by this contractor (resulting in injury to an employee) who is liable for this injury?

Answer 11

The employer, who has breached its non-delegable duty (in negligence)

Question 12

When will an employer be vicariously liable for the INTENTIONAL actions of their employees? Test:

Answer 12

1. Tort occurred in the course of employment
2. Sufficiently close connection between the employment and the tort
3. Fair just and reasonable to hold employer liable