Employer's Liability

Question 1

Who does the employer’s common law duty of care apply to?

Answer 1

It applies only to employees, not independent contractors

Question 2

What is the general duty owed by employers to employees?

Answer 2

Employers must take reasonable care for employees’ safety while at work

Question 3

What three duties did the House of Lords outline in Wilsons & Clyde Coal Co Ltd v English (1937)?

Answer 3

1) Provide competent staff, 2) adequate material, and 3) a proper system of work and supervision

Question 4

What fourth duty was added in Latimer v AEC Ltd (1953)?

Answer 4

The duty to provide a safe place of work

Question 5

Can employers delegate their duty to ensure employee safety?

Answer 5

No, it is a non-delegable duty

Question 6

In Hudson v Ridge Manufacturing Co Ltd (1957), what did the court find crucial for the employer’s duty to provide competent staff?

Answer 6

The employer knew of the risk posed by the worker due to repeated pranks

Question 7

What types of harm does the duty to provide competent staff cover, according to Waters v Commissioner of Police (2002)?

Answer 7

Both psychological and physical harm, relevant to workplace bullying

Question 8

How does the Employer’s Liability (Defective Equipment) Act 1969 benefit employees?

Answer 8

It allows employees to sue their employer for defective equipment without identifying the manufacturer

Question 9

What two elements must an employee prove under the Employer’s Liability (Defective Equipment) Act 1969?

Answer 9

Fault by a third party (e.g., manufacturer) and causation of the injury

Question 10

What additional requirement accompanies the duty to provide a safe system of work?

Answer 10

Employers must ensure the system is followed through training, supervision, and monitoring

Question 11

What did Paris v Stepney Borough Council (1951) demonstrate about employer’s duty?

Answer 11

Employers may need to take extra precautions if they know of an employee’s particular vulnerabilities

Question 12

Under HSWA 1974, can employees claim for breaches of health and safety regulations?

Answer 12

No, breaches of HSWA regulations are criminal offenses, not grounds for civil claims, unless specified

Question 13

What are the three requirements for vicarious liability to apply?

Answer 13

The person must be an employee, have committed a tort, and acted within the course of employment

Question 14

What distinction did Barclays Bank v Various Claimants (2020) confirm about vicarious liability?

Answer 14

Employers cannot be vicariously liable for acts of independent contractors

Question 15

What five factors determine if a relationship is akin to employment, per Various Claimants v Catholic Child Welfare Society (2012)?

Answer 15

Compensation capacity, activity for employer, business connection, employer-created risk, and control

Question 16

Describe the “Salmond” definition of course of employment

Answer 16

Acts authorised by the employer or unauthorised modes of carrying out authorised acts

Question 17

What did the case of Rose v Plenty (1976) clarify about prohibited acts in employment?

Answer 17

Prohibited acts may fall within the course of employment if done to further the employer’s business

Question 18

How does the Lister principle relate to vicarious liability?

Answer 18

It applies vicarious liability when there is a close connection between employment duties and the wrongful act

Question 19

What is a “frolic of their own” in the context of vicarious liability?

Answer 19

When an employee acts outside their course of employment, often unrelated to their work duties

Question 20

What did the Supreme Court highlight in Mohamud v WM Morrison Supermarkets (2016) about employee actions?

Answer 20

Courts should assess if an employee’s act closely relates to their employment duties to establish liability

Question 21

What right does an employer have if they paid out due to vicarious liability?

Answer 21

They may seek indemnity from the employee responsible, as in Lister v Romford Ice & Cold Storage Co Ltd

Question 22

Why might insurers not pursue indemnity claims against employees?

Answer 22

Due to an informal agreement, unless there’s evidence of collusion or willful misconduct