Employers Liability
Employers Liability and breach of statutory duty
Employers liability have both a common law and statutory aspect.
Common law = found in tort of negligence.
Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability)
Common Law
Basic duty owed at common law by an employer to an employee is founded on the tort of negligence.
Authority derives from:
Wilsons and Clyde Coal v English [1938] AC 57
Employers have the duty at common law to take reasonable care for its employers safety while at work. Obligations provide: • Safe premises and a safe place to work. • Adequate safe plant, materials and equipment • A competent staff as colleagues • An effective system of work and safe working practices
The standard of reasonable care
At what standard will an employer’s behaviour be judged?
They will be judge at the standard of the reasonable employer. What will be judged: • Employers level of experience - An employee with little or no exp will require a higher degree of care. • The nature of work – a greater degree of care will be expected to ensure the safety of an employee working on dangerous machines, then is required of admin working in factory • Any special characteristics that the employee may have and the employer knows about that is likely to increase risk of injury.
Safe premises
Concerned with building itself and structure (Latimer v AEC) and windows (General Cleaning Contractors v Christmas [1953] AC 180. Distinguished from plant machinery.
Employer must take reasonable steps to ensure other peoples workplaces are safe too.
Cook v Square D Ltd [1992] ICR 262
Factors employer must consider when determining whether a workplace is safe for an employee: • Location where work is to be done • Nature of the building • Nature of work required from employee • Employee’s expertise and exp • Degree of control that is reasonable to expect employer
Employers liability have both a common law and statutory aspect.
Common law = found in tort of negligence.
Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability)
Common Law
Basic duty owed at common law by an employer to an employee is founded on the tort of negligence.
Authority derives from:
Wilsons and Clyde Coal v English [1938] AC 57
Employers have the duty at common law to take reasonable care for its employers safety while at work. Obligations provide: • Safe premises and a safe place to work. • Adequate safe plant, materials and equipment • A competent staff as colleagues • An effective system of work and safe working practices
The standard of reasonable care
At what standard will an employer’s behaviour be judged?
They will be judge at the standard of the reasonable employer. What will be judged: • Employers level of experience - An employee with little or no exp will require a higher degree of care. • The nature of work – a greater degree of care will be expected to ensure the safety of an employee working on dangerous machines, then is required of admin working in factory • Any special characteristics that the employee may have and the employer knows about that is likely to increase risk of injury.
Safe premises
Concerned with building itself and structure (Latimer v AEC) and windows (General Cleaning Contractors v Christmas [1953] AC 180. Distinguished from plant machinery.
Employer must take reasonable steps to ensure other peoples workplaces are safe too.
Cook v Square D Ltd [1992] ICR 262
Factors employer must consider when determining whether a workplace is safe for an employee: • Location where work is to be done • Nature of the building • Nature of work required from employee • Employee’s expertise and exp • Degree of control that is reasonable to expect employer