Employer's Primary Responsibility Flashcards
Duty of care imposed on employer’s is personal and non-delegable.
Employer can delegate performance of the duty but not liability for its breach (McDermid v Nash)
eg. delegates providing safe premises to third party- employer still liable if fail to do so
Four elements to employer’s duty
(Wilson and Clyde Coal v English)
a) safe and competent employees
b) safe and proper plant and equipment
c) safe place of work/premises, incl safe access and way out
d) safe systems of work, with adequate supervision and instruction
One single duty
To take reasonable precaution to ensure employee’s safety
Safe and competent fellow employees
Employer has a duty to select and employ competent staff
Egs of failing to provide safe and competent fellow employees
(Black v Fife Coal)- incompetent person employed/required to do job they are not capable of doing
(Hudson v Ridge)- employing someone known to be in the habit of playing practical jokes on fellow employees
Eg of breach for failing to provide safe place of work
Wilson v Tyneside- window cleaning company owed duty to take reasonable steps to ensure all locations where windows were cleaned were reasonably safe
Cases for providing safe machinery, plant and equipment
Qualcast v Haynes- employer discharged its duty by providing protective boots
Yorkshire Traction v Walter- CoA found that bus company was not negligent for failing to provide plastic screens (bus driver was stabbed) as the screens they had provided had been removed by bus drivers and the risk of assault in the area was low.
Safe system of work
Wilson and Clyde Coal v English- duty cannot be delegated to anyone else
Speed v Thomas Swift- would appear to include matters of instruction, training, warning and supervision.
Bux v Slough Metals
Duty went further than just being provided with safe equipment (goggles) and required the employer to encourage or insist upon employees wearing them.
Clifford v Charles
contrasted with
Woods v Durable
Employer negligent as failed to provide barrier cream and failed to ensure, via foreman, that it was used
Employer not negligent as provided barrier cream, foreman encouraged use and given instructions on using
Exceptional conditions
Mulcahy v MOD- employer’s duty of care did not extend to cover soldiers in battle conditions
Breach
Duty of employer to take reasonable care.
Employer should take into account employee’s personal characteristics (Paris v Stepney)
However, still only reasonable steps need to be taken (Withers v Perry Chain)- sensitive skin
Defences
Judges sceptical of defence of consent in employment context - only in extreme circumstances
Contributory negligence often succeeds eg. Bux- failure to wear goggles
