Tort - Employers' Liability

Question 1

What four duties does an employer owe employees (+ Authority)

Answer 1

Wilson and Clyde Coal v English:
1- Competent Staff
2- Adequate plant, equipment and machinery
3- Safe system of work

Latimer v AEC
Safe workplace

Question 2

A duty to provide competent staff arises when an employer knows or ought to know about the risks posed by an employee

Answer 2

Hudson v Ridge

Question 3

The risk posed by an employee may include risk of causing psychiatric harm (bullying)

Answer 3

Waters

Question 4

Employers have a duty to ensure their systems of work do not contribute to psychiatric harm (stress), but only if reasonably foreseeable

Answer 4

Walker v Northumberland

Question 5

To decide if it would be reasonably foreseeable that work would cause stress, what two things should be considered?

Answer 5

1- Nature and extent of the work

2- Signs the employee may be getting stressed (excluding personal life pressures)

Question 6

A duty to provide a safe workplace exists wherever the employee is working, not just at the employer’s premises

Answer 6

General Cleaning Contracts v Christmas

Question 7

Consent is rarely a successful defence for employers

Answer 7

Smith v Baker

Question 8

Courts will make allowances for employees working in noisy/ boring and repetitive environments when deciding contributory negligence

Answer 8

Caswell v Powell Duffryn Collieries

Question 9

If a claimant can show an employee has committed a tort in the course of employment they can sue the employer though the legal principle of vicarious liability

Answer 9

Various Claimants v Catholic Child Welfare Society

Question 10

What three criteria suggest someone is an employee rather than an independent contractor (+ Authority)

Answer 10

Ready Mixed Concrete:
1- Provides work for REMUNERATION
2- Under the CONTROL OF ANOTHER
3- contract OF service (not contract FOR service)

Question 11

What is the Salmond definition of ‘in the course of employment’?

Answer 11

1- Wrongful ACTS authorised by employer

2- Wrongful MODES of carrying out authorised acts

Question 12

An off-duty employee protecting his employers property has implied permission to do so and is therefore acting in the course of employment

Answer 12

Poland v Parr

Question 13

An oil tank driver smoking when unloading oil was doing an authorised act in an unauthorised way and was therefore still acting in the course of employment

Answer 13

Century Insurance v NI Road Transport Board

Question 14

Employee punching customer in the face not in the course of employment (old case, may be different today)

Answer 14

Warren v Henleys

Question 15

What conditions need to be met for an employer to be vicariously liable for intentional torts committed purely for the employees benefit?

Answer 15

1- Tort stemmed from an act authorised by the employer (Lloyd v Grace Smith)
2- Tort closely connected to the work the employee is employed to do (Lister v Hesley Hall) can be interpreted widely (Mattis v Pollock)

Question 16

If an employee acts in a way expressly prohibited by the employer but is done to further the employers’ interests it may be deemed done in the course of business

Answer 16

Rose v Plenty

Question 17

If an act is something an employee has no right to do and is not done to furthur the employer’s business is will not be seen as done in the course of employment

Answer 17

Twine v Bean’s Express

Question 18

An employee may be on a ‘frolic of his own’

Answer 18

Joel v Morison

Question 19

whether an employee is on a frolic is a question of fact and degree (Consider nature and purpose)

Answer 19

Hilton v Thomas Burton

Question 20

Employers have the right to claim an indemnity against employees but will not do so unless misconduct by the employee was wilful

Answer 20

Lister v Romford Ice