Employment Law (Duties of Employer) Flashcards
Common Law Duties of an Employer
- Pay wages
- Generally, no duty to provide work when paying employee
- Employee indemnity (vicarious liability)
- To show employees trust and respect
TSB Bank plc v Harris (2000)
Woods v WM Car Services (1982) - To take reasonable care for employee safety
TSB Bank plc v Harris (2000)
Show employees trust and respect
CASE: Harris employed by TSB & wanted to leave. Applied for a new job & TSB informed the prospective employer about complaints made about her resulting in H not getting the job. However, TSB did not inform Harris about the complains robbing her of the opportunity to defend herself.
HELD: Harris took TSB to employment tribunal and was found in her favour.
Woods v WM Car Services (1982)
Show employees trust and respect
CASE: Mrs woods was employed by a garage for several years. The garage was then sold on to another employer and the new company made an offer to Mrs Woods which she accepted. The company agreed to employ her no less terms than she previously was employed (she was a chief secretary and personal assistant). However they gave her a new job specification (meaning she had more work to do) and she refused to accept the changes.
HELD: Courts ruled that it was not disrespectful of the company to affect an employee’s role by introducing improved business methods.
Health & Safety (5th duty of an employer)
- Competent fellow employees (ensure employees are trained to a high standard)
- Adequate equipment and materials
- Safe working systems
- A safe place of work
Competent fellow employees
Hudson V Ridge Manufacturing Co (1957)
Smith v Crosslet Bros (1951)
Employer has a duty to take reasonable care in selecting safe and competent employees.
Adequate equipment and materials
Paris v. Stepney Borough Council (1951)
Bradford v Robinson Rentals (1967)
Safe working systems
Walker v Northumberland County Council (1995)
Woods v Durable Suites (1953)
A safe place of work
Latimer v AEC (1952)
