Employer's Liability Flashcards
Who does the employer’s common law duty of care apply to?
It applies only to employees, not independent contractors
What is the general duty owed by employers to employees?
Employers must take reasonable care for employees’ safety while at work
What three duties did the House of Lords outline in Wilsons & Clyde Coal Co Ltd v English (1937)?
1) Provide competent staff, 2) adequate material, and 3) a proper system of work and supervision
What fourth duty was added in Latimer v AEC Ltd (1953)?
The duty to provide a safe place of work
Can employers delegate their duty to ensure employee safety?
No, it is a non-delegable duty
In Hudson v Ridge Manufacturing Co Ltd (1957), what did the court find crucial for the employer’s duty to provide competent staff?
The employer knew of the risk posed by the worker due to repeated pranks
What types of harm does the duty to provide competent staff cover, according to Waters v Commissioner of Police (2002)?
Both psychological and physical harm, relevant to workplace bullying
How does the Employer’s Liability (Defective Equipment) Act 1969 benefit employees?
It allows employees to sue their employer for defective equipment without identifying the manufacturer
What two elements must an employee prove under the Employer’s Liability (Defective Equipment) Act 1969?
Fault by a third party (e.g., manufacturer) and causation of the injury
What additional requirement accompanies the duty to provide a safe system of work?
Employers must ensure the system is followed through training, supervision, and monitoring
What did Paris v Stepney Borough Council (1951) demonstrate about employer’s duty?
Employers may need to take extra precautions if they know of an employee’s particular vulnerabilities
Under HSWA 1974, can employees claim for breaches of health and safety regulations?
No, breaches of HSWA regulations are criminal offenses, not grounds for civil claims, unless specified
What are the three requirements for vicarious liability to apply?
The person must be an employee, have committed a tort, and acted within the course of employment
What distinction did Barclays Bank v Various Claimants (2020) confirm about vicarious liability?
Employers cannot be vicariously liable for acts of independent contractors
What five factors determine if a relationship is akin to employment, per Various Claimants v Catholic Child Welfare Society (2012)?
Compensation capacity, activity for employer, business connection, employer-created risk, and control
Describe the “Salmond” definition of course of employment
Acts authorised by the employer or unauthorised modes of carrying out authorised acts
What did the case of Rose v Plenty (1976) clarify about prohibited acts in employment?
Prohibited acts may fall within the course of employment if done to further the employer’s business
How does the Lister principle relate to vicarious liability?
It applies vicarious liability when there is a close connection between employment duties and the wrongful act
What is a “frolic of their own” in the context of vicarious liability?
When an employee acts outside their course of employment, often unrelated to their work duties
What did the Supreme Court highlight in Mohamud v WM Morrison Supermarkets (2016) about employee actions?
Courts should assess if an employee’s act closely relates to their employment duties to establish liability
What right does an employer have if they paid out due to vicarious liability?
They may seek indemnity from the employee responsible, as in Lister v Romford Ice & Cold Storage Co Ltd
Why might insurers not pursue indemnity claims against employees?
Due to an informal agreement, unless there’s evidence of collusion or willful misconduct
