Employers' liability

New and updated

  • Sentencing safety criminals

    Date:
    1 December 2001
    Type:
    Law reports

    In the landmark case of R v Howe & Sons Ltd, it said that the general level of fines that magistrates and judges were imposing for breaches of the Health and Safety at Work Act 1974 and related Regulations was too low.

  • Employer liability: Employer vicariously liable for assault carried out by employee

    Date:
    15 October 2001
    Type:
    Law reports

    In Fennelly v Connex South Eastern Ltd, the Court of Appeal holds that an employer was responsible for an assault carried out by one of its employees as it took place in the course of his employment. Judging whether an action is taken in the course of employment requires looking at the job being done by the employee in general terms rather than analysing its component parts.

  • Employer's vicarious liability: Employer of warden who sexually abused boys in his care liable for personal injury

    Date:
    1 August 2001
    Type:
    Law reports

    In Lister and others v Hesley Hall Ltd, the House of Lords holds that the employer of a warden of a residential school is vicariously liable for the acts of sexual abuse perpetrated by the warden on the boys in his care.

  • Lords reinstate police officer's claim for bullying

    Date:
    1 October 2000
    Type:
    Law reports

    In Waters v Commissioner of Police for the Metropolis, the House of Lords allows a police officer's appeal against the striking out of her claim against the Commissioner of Police for failing to protect her from bullying and harassment following allegations against a fellow officer of serious sexual assault.

  • Lords confirm special duty of care owed to children

    Date:
    1 October 2000
    Type:
    Law reports

    In Jolley v Sutton London Borough Council, the House of Lords confirms both that a special duty of care is owed to children and that the rules of foreseeability do not require the precise manner of an injury or its extent to be foreseeable.

  • Demotion did not make Tesco liable for breakdown

    Date:
    1 June 2000
    Type:
    Law reports

    In Ramwell v Tesco Stores plc, a county court dismisses a former Tesco employee's claim for damages for a nervous breakdown.

  • Court of Appeal upholds manslaughter restrictions

    Date:
    1 May 2000
    Type:
    Law reports

    The Court of Appeal has refused to move away from the principle of identification which restricts the prosecution of companies for manslaughter. Ruling that the law is clear from consistent application in previous cases, the Court of Appeal dismissed the prosecution's appeal against the trial judge's refusal to allow charges of corporate manslaughter against Great Western Trains arising from the Southall rail crash in September 1997.

  • Court of Appeal draws s.3(1) threads together

    Date:
    1 May 2000
    Type:
    Law reports

    R v Nelson Group Services (Maintenance) Ltd is the latest important appellate decision on the scope of an employer's liability under the HSW Act.

  • Health authority is liable for self-evident risk

    Date:
    1 January 2000
    Type:
    Law reports

    In Fraser v Winchester Health Authority, the Court of Appeal upholds an award of damages to an employee who was severely burned on a camping trip, but reduces the damages by one-third.

  • Court of Appeal reduces building occupier's liability for injuries to contracted cleaner

    Date:
    1 November 1999
    Type:
    Law reports

    In Andrews v Initial Cleaning Services Ltd and McDougall's Catering Foods Ltd, the Court of Appeal explains why a cleaning contractor, rather than the occupier of the building being cleaned, was more to blame for an injury suffered by a cleaner.