Updated to include a reference to the Sentencing Council's consultation on draft guidelines for manslaughter sentencing.
Fatalities in the workplace are a challenge for HR and the stakes are high with the potential for criminal charges, large fines and imprisonment. Andrew Katzen and Claire Wallace from Kickman & Rose solicitors offer a case study with lessons on how to manage each stage of an organisation's response.
In this week's podcast, we examine several legal cases as we explore the situations where an employer may be found to be vicariously liable for an individual's negligent or discriminatory actions.
The High Court has held that an employer was not vicariously liable for a managing director's "brutal assault" of an employee during a drinking session after the employer's Christmas party.
In Cox v Ministry of Justice  IRLR 370 SC, the Supreme Court held that the Ministry of Justice was vicariously liable for the negligent act of a prisoner while he was working in a prison kitchen.
The Supreme Court has held that an employer was vicariously liable for the actions of an employee who seriously assaulted a customer while at work.
The Supreme Court has held that the Ministry of Justice (MoJ) was vicariously liable for the negligence of a prisoner who injured a member of staff while carrying out kitchen work.
John Bracken and Nancy Goldman-Edwards are trainee solicitors and Chris McAvoy, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Court of Appeal has held that creating the risk of harm in the workplace was not sufficient to impose liability on the employer for the "frolicsome but reckless" conduct of an employee.
The Court of Appeal has held that the Ministry of Justice, which it found had a relationship with a prisoner assigned to do kitchen work "akin to employment", was vicariously liable for the negligence of the prisoner when he accidentally dropped a heavy sack of food on a member of staff's back.
HR and legal information and guidance relating to employers' liability for health and safety breaches.