Employer's liability

Question 1

Wilsons and Clyde Coal v English

Answer 1

Duty of care owed by employers to employees

1) Safe place of work
2) Safe system of work
3) Competent employees

Question 2

Winter v Cardiff

Answer 2

Duties are not distinct but fall under broader duty to make employees reasonably safe

Question 3

Latimer v AEC

Answer 3

Factory flooded - used sawdust to soak up water, but claimant was still injured
Don’t have to do everything possible (close factory), just reasonable
Injury is not evidence of breach

Question 4

Smith v Charles Baker

Answer 4

Maintain a place of work so as not to expose employees to unnecessary risks

Question 5

Qualcast v Haynes

Answer 5

Provided protective boots but claimant did not wear them - discharged duty by providing equipment

Question 6

Bux v Slough Metals

Answer 6

Claimant was splashed by molten metal and lost sight in one eye
Employer complied with statutory obligation to provide safety goggles, but should have encouraged or insisted on workers wearing them
The higher the risk of injury, the higher the standard of care expected

Question 7

Wilson v Tyneside Window Cleaning

Answer 7

Duty extends to third party premises (lower)

Employer had given clear health and safety instructions - duty was discharged

Question 8

Speed v Thomas Swift

Answer 8

System of work related to physical layout, sequence in which tasks were carried out, and provisions of warnings, notices and special instructions

Question 9

General Cleaning v Christmas

Answer 9

Given no instructions, equipment or warnings about site dangers - breach of duty

Question 10

McDermid v Nash

Answer 10

Incorrectly carrying out a safe system of work will not incur liability on the part of the employee - must be fault

Question 11

Clifford v Charles

Answer 11

Claimants worked with glue - barrier cream was provided but locked away
Not a safe system
Damages reduced via contributory negligence because they could have gone to the store room to get the barrier cream

Question 12

Woods v Durable

Answer 12

Barrier cream was provided but not worn
No breach - not their responsibility to stand over workmen to see they comply with every last but of health ands safety regulations

Question 13

Black v Fife Coal

Answer 13

Mine managers were not aware of risk of carbon monoxide poisoning - breach of duty to provide competent fellow workers

Question 14

Smith v Crossley

Answer 14

Victim of practical joke - no breach as employee had never done this before, no fault on part of employer

Question 15

Hudson v Ridge

Answer 15

Victim of practical joke - history of behaviour and previously warned by foreman - employers took no steps to stop him

Question 16

Harrison v Lawrence Murphy

Answer 16

Employers took no steps to discipline manager who harassed female employee

Question 17

McWilliams v Sir Wiliam Arrol

Answer 17

Safety equipment provided, but evidence that claimant would not have worn it if it had been provided

Question 18

Walker v Northumberland CC

Answer 18

Claimant suffered a breakdown, then returned to work (resumed old working patters) and suffered a second breakdown
First breakdown was not foreseeable, second one was foreseeable

Question 19

Barber v Somerset

Answer 19

Stress and depression are reasonably foreseeable outcomes of failing to take care of employees

Question 20

Pickford v ICI

Answer 20

Repetitive strain injury recognised as a medical condition, but claim failed for lack of breach (no successful RSI case)

Question 21

Bowater v Rowley Regis

Answer 21

Volenti unlikely to work in employment cases

Question 22

ICI v Shatwell

Answer 22

Volenti can only succeed if ‘there was genuine full agreement, free from any kind of pressure, to assume the risk of loss’

Question 23

Fraser v Winchester HA

Answer 23

Claimant worked with mental health patients and took them camping - was given no instructions on how to use a gas lamp, so used candles in tent - akin to smoking in a gas station - damages reduced by contributory negligence

Question 24

Sherlock v Chester CC

Answer 24

Joiner used a circular saw and chopped off his thumb and finger
Recognised a breach of duty but he was experienced so could have made the system safer