Tort: Employer's Liability

Question 1

What case outlines the three personal duties of care for an employer?

Answer 1

Clyde Coal v English 1939

Hire & Train competant Staff
Provide adequate equipment and materials
Maintain a safe working enviorement (Includes Stress)

Question 2

Case example for Employer’s needing to hire and train competant staff

Answer 2

Hudson v Ridge Manufacturing 1957

If an employer knows that an employee is reckless or incompetent and fails to act, they can be held liable

Question 3

Case Example for Employer’s Duty to provide adequate materials and equipment

Answer 3

Knowles v Liverpool City Council 1993

Flagstone breaking off did count as materials. Court held Employer liable.

Question 4

Case example for Employer’s Duty to maintain a safe work enviorement (Stress)

Answer 4

Hatton v Sutherland 2002

Test:
- Was the psychiatric harm to this partciular employee reasonably forseeable?
- An injury to health which is attributal to stress at work
- NB: Teaching is not considered stressful in this case.