Employers' Liability (B) Flashcards
What are the sources of employers liability?
- DELICT (Wilsons and Clyde Coal Co Ltd v English 1937 SC (HL) 46).
- CONTRACT (Rothwell v Chemical & Insulating Co Ltd [2007] UKHL 39).
- LEGISLATION (Health and Safety Act 1974).
What does an employer owe to their employee? (Delict).
Reasonable care to provide a safe system of working for his or her employee, with regards to the physical and mental health of the employee.
What does s16 of the Unfair Contract Terms Act 1977 state?
You cannot try to protect yourself from liability in delict from physical or personal injury.
What are the criteria by which you may determine the delegation of liability?
(Woodland v Essex County Council [2013] UKSC 66).
1. Arises not from negligent character of act itself but because of antecedent relationship between defendant and claimant.
2. Duty to protect particular class of persons against particular class of risks, not simply to regain from acting in way which foreseeably causes injury.
3. Duty itself remains defendant’s. Delegation makes no difference to legal responsibility for the proper performance of which is in law his own.
What is the content of an employer’s duty?
(Stokes v Guest, Keen and Nettlefold (Bolts and Nuts) 1 WLR 1776, 1783, Swanwick, J).
- LOOK AT NOTES FOR THIS.
What is the current legislation in terms of the safety of machinery?
The Employers’ Liability (Defective Equipment) Act 1969.
What does s1 of the 1969 Act say are the criteria for employers’ liability in terms of unsafe machinery?
- Personal injury.
- Course of employment.
- Defect in equipment provided by employer.
- Purposes of the employer’s business.
- Attributable to negligence on the part of the employer.
What are the cases concerning employers’ liability in terms of safe, competent fellow employees?
- Hudson v Ridge Manufacturing [1957] 2 QB 348.
- Waters v Commissioner of Police for the Metropolis [2000] UKHL 50.
