Tort - Employer's Primary Liability

Question 1

Employer’s primary duty of care is personal and non-delegable

Answer 1

McDermid v Nash

Question 2

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

Answer 2

Wilsons & Clyde Coal v English

Question 3

Single duty

Answer 3

Winter v Cardiff

Question 4

Common law duty; compliance with statute is not a defence

Answer 4

Bux v Slough Metals

Question 5

Duty is to take reasonable care

Answer 5

Latimer v AEC

Question 6

Duty to provide safe workplace exists in relation to third party premises

Answer 6

Wilson v Tyneside Cleaning

Question 7

Provision of safety equipment may not be necessary in exceptional conditions

Answer 7

Mulcahy v MOD

Question 8

Employer discharged duty to provide safe place of work by providing protective boots

Answer 8

Qualcast v Haynes

Question 9

Employer provided safety wear but didn’t encourage use. However, employer may not be negligent for failing to enforce use where employees refuse.

Answer 9

Bux v Slough Metals

Question 10

Bus drivers had complained about screens - not liable for failure to provide them

Answer 10

Yorkshire Traction v Walter Searby

Question 11

Company must devise safe way of performing tasks required of the employee

Answer 11

General Cleaning v Christmas

Question 12

Employer negligent in failing to keep protective substances on the premises and in failing to ensure the workers used them

Answer 12

Clifford v Charles Challen

Question 13

No duty of absolute supervision - depends upon experience

Answer 13

Woods v Durable Suites

Question 14

Employer should take into account employee’s personal characteristics

Answer 14

Paris v Stepney BC

Question 15

Hiring incompetent staff is a breach of primary duty

Answer 15

Black v Fife

Question 16

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

Answer 16

Hudson v Ridge

Question 17

One off practical joke

Answer 17

Smith v Crossley

Question 18

Vicarious liability for harassment and bullying

Answer 18

Harrison v Lawrence Murphy

Question 19

But for test (in employment claims)

Answer 19

McWilliams v Sir William Arrol

Question 20

Injury must be of recognised kind

Answer 20

Mughal v Reuters

Question 21

Judges sceptical of volenti in employment context

Answer 21

Smith v Charles Baker ; Bowater v Rowley Regis

Question 22

Volenti can only be where there is genuine and voluntary full agreement

Answer 22

ICI v Shatwell