Employers' Primary Liability

Question 1

EPL Related Acts

Answer 1

Employers’ Liability Act 1969
Employers’ Liability Regulations 1998

Question 2

Employers’ Duty of Care: ultimate responsibility for employee safety = employer

Answer 2

McDermid v Nash Dredging

Question 3

employer’s duty to take reasonable precaution to ensure an employee’s safety (One single duty)

Answer 3

Wilsons and Clyde Coal Co v English

Question 4

1. An incompetent person is employed/required to do a job (including supervision) that they are not capable of doing

Answer 4

Black v Fife Coal

Question 5

1. Hires someone known to be in the habit of playing practical jokes on fellow employees

Answer 5

Hudson v Ridge Manufacgturing Company Ltd

Question 6

1. one-off jokes do
   not make an employer liable

Answer 6

Smith v Crossley

Question 7

2. Employer must provide safe equipment and enforce its use

Answer 7

Bux v Slough Metals

Question 8

2. simply providing equipment would not be enough (at the time it was) Employer must instruct, persuade, insistence (high-risk)

Answer 8

Qualcast v Haynes

Question 9

employer sued for not giving shields on buses

Answer 9

Yorkshire Traction Co v Walter Searby

Question 10

3. employer owed duty to make sure all locations are safe, what is expected in relation to third parties is generally less than in relation to the employer’s own premises.

Answer 10

Wilson v Tyneside Cleaning Co

Question 11

3. Court will consider what is reasonable in the circumstances + knowledge of third party premises

Answer 11

Cook v Square

Question 12

3. employer duty to inspect site + organise systems for safety

Answer 12

General Cleaning Contractors v Christmas

Question 13

4. held as negligent as failure to keep protective substance on-premises

Answer 13

Clifford

Question 14

employer not negligent as substance provided with instructions and why to use it.

Answer 14

Woods v Durable Suites it.

Question 15

must provide training and keep it up to date

Answer 15

Speed v Swift

Question 16

must give a warning with chems

Answer 16

Pape v Cumbria CC

Question 17

The duty of the employer is to take reasonable care, but it is not an absolute duty (only reasonable level of precaution need to be taken) aka.

Answer 17

Latimer v AEC

Question 18

employer should take into account employee’s personal characteristics such as one eye

Answer 18

Paris v Stepney Borough Council