Tort 5 - Employers' Liability Flashcards
What is the primary liability of employers at common law?
Employers are directly liable for their own actions, unlike vicarious liability where they are held responsible for employees’ faults.
How is an employer/employee relationship defined?
By a contract of service.
How is an employer/independent contractor relationship defined?
By a contract for services.
What factors are used to identify an employment relationship?
Multiple factors/economic reality test including:
* Remuneration and mutuality of obligations
* Control
* All other consistent contractual factors
What does mutuality of obligations mean?
The employer must provide work to the employee, and the employee must do the work.
What is a key aspect of control in identifying an employment relationship?
The amount of control exercised over the worker; more control suggests an employer/employee relationship.
What are some indicators of an employer/employee relationship?
Indicators include:
* Tools and equipment provided by employer
* Tax/PAYE treatment
* Integration into the organization
* Benefits such as holiday/sick pay
What is the doctrine of vicarious liability?
It can be applied in relationships akin to employment in doubtful cases.
What are the conditions that make it fair to impose vicarious liability?
Conditions include:
* Employer likely to compensate claimant
* Tort committed during tortfeasor’s activity on employer’s behalf
* Activity part of employer’s business
* Employer created risk of tort
* Tortfeasor under employer’s control
What happens when an employer lends an employee to another employer?
The original employer remains vicariously liable.
What is the overarching duty of care of an employer?
To take reasonable precautions to ensure an employee’s safety.
What does the duty to employ safe and competent employees entail?
Employers must select competent staff, considering their habits.
What is the Employer’s Liability (Defective Equipment) Act 1969?
An employer is liable for injury caused by a manufacturer’s defect in equipment.
What is included in the definition of equipment under the Employer’s Liability Act?
Includes a ship and any material used by the employee for business purposes.
What is an employer’s duty regarding the safety of premises?
To take reasonable steps to ensure the work premises are safe.
What does ‘safe systems of work’ refer to?
It includes physical layout, sequence of work, provision of warnings, training, and supervision.
What is the objective test for breach of duty?
Based on what a reasonable employer would do.
What is required to establish causation?
Both factual and legal causation must be established.
What is the ‘but for’ test?
Used to determine causation, asking if the injury would have occurred but for the employer’s actions.
What are common defenses available to employers?
Defenses include:
* Consent
* Contributory negligence
In what circumstances can consent be a defense?
Only in extreme circumstances with genuine agreement to assume risk.
What is contributory negligence?
When the claimant fails to take reasonable care for their own safety, contributing to their loss.
Fill in the blank: An employer’s duty includes providing _______ and competent employees.
[safe]
True or False: Workers sent through an agency are considered akin to employment with the agency.
False
What is the significance of the case involving a prisoner working in the kitchen?
The court held the prison vicariously liable due to the tortfeasor’s activities being on the employer’s behalf.
