Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


Click to show the answer Under criminal law what health and safety duties does an employer owe to its employees?


Click to hide the answerWhat is the basis for the prosecution of an organisation under the Corporate Manslaughter and Corporate Homicide Act 2007?

Following the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, corporate liability is now based on the ways in which an organisation's activities are managed and organised, meaning that it is easier for the authorities to prosecute companies and large organisations. An organisation will be guilty of an offence if the way in which its activities are managed or organised causes a person's death, and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased. This will be the case only if the way in which the organisation's activities are managed or organised by its senior management is a substantial element of the breach. An organisation's "senior management" is defined as the people who play significant roles either in making decisions about how all or a substantial part of its activities are to be managed or organised, or in the actual managing or organising of all or a substantial part of those activities.

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Click to show the answer Under common law what are an employer's health and safety duties to its employees?

Click to show the answer Do employees themselves have any duties with regard to health and safety?

Click to show the answer In the absence of an express contractual term, if employees have always been permitted to smoke at work might they have an implied right to do so?

Click to show the answer Is it advisable for employers to supply free alcohol at work-related social events?

Click to show the answer Do employers have to consider how employees will get home at the end of a work-related social event?

Click to show the answer If an employee agrees to work more than the limit imposed by the Working Time Regulations 1998, can the employer be held liable if the employee becomes ill as a result of working long hours?

Click to show the answer Are there any specific health and safety obligations relating to the employment of older workers?

Click to show the answer What are an employer’s responsibilities to an employee on a work assignment abroad who becomes stranded due to political violence or rioting in the area?

Click to show the answer What should an employer do if an employee is due to go abroad on a work assignment to an area that becomes affected by political violence or rioting?

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