Employers' Liability Flashcards
Chapter 6
What is the general nature of an employer’s duty to their employees?
The duty to take reasonable care for employees’ safety while at work. This duty is personal to the employer and non-delegable.
What are the four specific duties that make up an employer’s common law duty?
The employer has a duty to take reasonable steps to provide:
○ Competent staff
○ Adequate material (plant, equipment, machinery)
○ A proper system of work and supervision
○ A safe place of work
What does the duty to provide “competent staff” entail?
It means an employer must take reasonable steps in:
○ Selection of staff
○ Provision of training
○ Provision of supervision
○ Dismissal of employees who pose a risk to others The duty arises when the employer knows or ought to know about a risk a particular worker poses. This includes risks of psychological harm, such as bullying.
What does the duty to provide “adequate plant and equipment” entail?
It covers situations where equipment is:
○ Inadequate in some way
○ Not supplied when needed This duty includes ensuring machinery is safe and properly maintained. The Employer’s Liability (Defective Equipment) Act 1969 allows an employee to sue their employer for defective equipment instead of the manufacturer.
What does the duty to provide a “safe system of work” entail?
It includes:
○ The physical layout of the job
○ The sequence in which work is carried out
○ Providing training, warnings, safety equipment, and special instructions
○ Taking steps to ensure the system is followed This duty also covers cases where an employee suffers stress due to a lack of a safe system.
What does the duty to provide a “safe place of work” entail?
Employers must take reasonable steps to provide a safe place of work. This duty is non-delegable, unlike the duty under the Occupiers’ Liability Act 1957. It applies regardless of where the employees are working.
How does the duty of care relate to stress at work?
The duty to provide a safe system of work can extend to employees who have suffered stress. Courts use the Hatton Guidelines to assess such claims. The main question is whether injury to health through stress was reasonably foreseeable.
What factors do courts consider when determining if stress at work was reasonably foreseeable?
Courts will consider:
○ The nature and extent of the work
○ Signs from the employee Employers are generally entitled to assume an employee can handle the normal pressures of the job, and they can take what an employee tells them at face value.
What is meant by ‘breach of duty’ in the context of employer’s liability?
An employer breaches their duty if they fail to meet the standard of care expected of a reasonable employer. The court will consider the circumstances of the case, including the magnitude of the foreseeable risk and the cost and practicality of precautions.
How does the Health and Safety at Work Act 1974 relate to employer negligence claims?
Breach of regulations under the HSWA 1974 is a criminal offence. While a breach does not give rise to a civil claim for breach of statutory duty, it is relevant in assessing breach of duty in a negligence claim. Regulations provide a guide to the standard a reasonable employer should meet.
What must an employee prove to win a negligence claim against their employer?
An employee must demonstrate:
○ The employer owed them a duty of care
○ The employer breached that duty
○ The breach caused damage to the employee
○ There are no successful defences that apply
