7 - TORT - Employers' Flashcards

1
Q

What factors are considered when identifying an employment relationship?

A

a. Remuneration & mutuality of obligations: employee being paid & employer providing work that the employee must do (0 hour contracts unlikely to be held as employment)
b. Control: the more control, the likelier an employee relationship
c. All other contractual factors consistent with employment e.g. tools & equipment provided; tax/PAYE treatment; benefits

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2
Q

What factors are considered for doubtful cases, to determine a relationship akin to employment?

A

Must be sufficiently analogous to employment to make it fair, just & reasonable
- Employer more likely to be able to compensate C
- Tort committed due to activity undertaken by tortfeasor on their behalf
- Tortfeasor under employerโ€™s control
- Tortfeasor activity part of employerโ€™s business activity

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3
Q

What are cases for relationship akin to employment?

A
  • Barclays insisted staff see doctor who abused someone - doctor not akin to employment ๐Ÿ‘จโ€โš•๏ธ๐Ÿ†
  • prisoner working in catering dept of prison was akin to employment ๐Ÿ‘จโ€๐Ÿณ
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4
Q

What is employersโ€™ primary liability?

A
  • Where an employee sues their employer for breaching DoC owed to employee
  • duty is personal & non-delegable
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5
Q

What is the standard of care for EPL?

A

To take reasonable care, taking into account an employeeโ€™s
personal characteristics

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6
Q

What defences apply for EPL?

A

Normal ones (although consent is rare) - contributory negligence most common

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7
Q

Where an employer lends an employee, who is vicarious liable?

A

Still the original employer (although both employers could be)

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8
Q

What test is applied to show the tort was committed in course of employment? (for vicarious liability)

A
  • What functions entrusted to employee?
  • Was there sufficient connection between position in which they were employed & the wrongful conduct to make it fair, just & reasonable to hold employer liable?

Lunch breaks reasonably expected; are they going about employerโ€™s business at time?
If act unauthorised/specifically prohibited, seen as โ€˜frolic of their ownโ€™

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9
Q

Whatโ€™s a case for sufficient connection with work?

A
  • Morrisons held liable for assault and battery by staff member who followed customer out of store - sufficient connection. ๐Ÿ›’๐ŸฅŠ
  • Cyclist collided with staff member crossing street from one office to another wearing company uniform 40 mins after shift had ended - no connection. ๐Ÿšถโ€โ™‚๏ธ๐Ÿšดโ€โ™‚๏ธ๐Ÿ’ฅ๐Ÿ• 
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10
Q

What are the employersโ€™ obligations?

A
  • safe and competent employees ๐Ÿคก
  • Safe and proper plat and equipment โš™๏ธ
  • safe place of work ๐Ÿญ
  • Safe systems of work ๐Ÿ“‹
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11
Q

What is the case for competent employees?

A

Practical joker told off for years - liable
๐Ÿคก

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12
Q

What is the case for safe plant and equipment?

A
  • boots for splashes of molten metal (enough at the time) ๐Ÿฅพ๐Ÿ”ฅ
  • busses lack of protective screens OK because they reflected light and route was low risk ๐ŸšŽ๐Ÿ’ก
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13
Q

What is the case for safe place of work?

A
  • reasonable steps required to make sure window cleaners had a safe place of work ๐ŸชŸ๐Ÿซง
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14
Q

What is the case for safe system of work?

A
  • window cleaners climbing on windowsills and had no training ๐ŸชŸ๐Ÿซง๐Ÿคก๐Ÿ“‹
  • metal worker provided with goggles but employer must encourage and insist on wearing them ๐Ÿฅฝ๐Ÿ˜‰
  • foreman discouraged use of barrier cream ๐ŸงดโŒ
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15
Q

What is the case for whether an employer is liable for an employee

A

Milk float driver ignored comapny orders and allowed a boy to help him injuring the boy. Employer still liable as driver was engaged on company business.

๐Ÿผ๐Ÿ‘ถ๐Ÿ‘ถ๐Ÿ‘ท

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