Tort - Employer's Primary Liability Flashcards
Employer’s primary duty of care is personal and non-delegable
McDermid v Nash
Employer’s duty:
- to provide safe place of work, including materials and plan
- to operate a safe system of work, including supervision and instruction
- to provide an employee with competent fellow workers
Wilsons & Clyde Coal v English
Single duty
Winter v Cardiff
Common law duty; compliance with statute is not a defence
Bux v Slough Metals
Duty is to take reasonable care
Latimer v AEC
Duty to provide safe workplace exists in relation to third party premises
Wilson v Tyneside Cleaning
Provision of safety equipment may not be necessary in exceptional conditions
Mulcahy v MOD
Employer discharged duty to provide safe place of work by providing protective boots
Qualcast v Haynes
Employer provided safety wear but didn’t encourage use. However, employer may not be negligent for failing to enforce use where employees refuse.
Bux v Slough Metals
Bus drivers had complained about screens - not liable for failure to provide them
Yorkshire Traction v Walter Searby
Company must devise safe way of performing tasks required of the employee
General Cleaning v Christmas
Employer negligent in failing to keep protective substances on the premises and in failing to ensure the workers used them
Clifford v Charles Challen
No duty of absolute supervision - depends upon experience
Woods v Durable Suites
Employer should take into account employee’s personal characteristics
Paris v Stepney BC
Hiring incompetent staff is a breach of primary duty
Black v Fife
Employer who knows or ought to know of an employee’s habit of playing practical jokes could be in breach of his duty to provide competent staff
Hudson v Ridge
One off practical joke
Smith v Crossley
Vicarious liability for harassment and bullying
Harrison v Lawrence Murphy
But for test (in employment claims)
McWilliams v Sir William Arrol
Injury must be of recognised kind
Mughal v Reuters
Judges sceptical of volenti in employment context
Smith v Charles Baker ; Bowater v Rowley Regis
Volenti can only be where there is genuine and voluntary full agreement
ICI v Shatwell
