Employers' liability

New and updated

  • Retail chain liable for store managers' safety failures

    Date:
    1 March 1997
    Type:
    Law reports

    In R v Gateway Foodmarkets Ltd, the Court of Appeal rules that a company is liable for a breach of s.2(1) of the HSW Act, even though at senior management or head office level, it had taken all reasonable precautions to avoid the risk of injury to an employee.

  • Employer not liable for hearing damage caused by work noise

    Date:
    1 February 1997
    Type:
    Law reports

    In Barrand v British Cellophane Ltd, an employee who suffered noise-induced hearing loss as a result of his work unsuccessfully sues his employer.

  • Employers liable under HSW Act for risks caused by contractors

    Date:
    1 January 1997
    Type:
    Law reports

    The liability of an employer for the acts or omissions of a contractor it engages is the central issue in R v Associated Octel Co Ltd. Both the Court of Appeal and the House of Lords have considered this important case, and both have ruled that an employer cannot delegate the duty imposed by s.3(1) of the HSW Act.

  • Company may owe same duty to its contractors as to its employees

    Date:
    1 September 1996
    Type:
    Law reports

    In R v Rhône-Poulenc Rorer Ltd, the Court of Appeal rules that the requirement to provide some suitable physical means to prevent falls through fragile materials, as set out in the construction Regulations, is absolute.

  • Employer liable for negligence of third-party subcontractor

    Date:
    1 October 1995
    Type:
    Law reports

    In Nelhams v Sandells Maintenance Ltd and Gillespie (UK) Ltd, the Court of Appeal holds that an employer is liable for an employee whose safety it has entrusted to a third party.

  • No civil liability under employers' liability insurance Act

    Date:
    1 June 1995
    Type:
    Law reports

    In Richardson v Pitt-Stanley and others the Court of Appeal holds that the Employers' Liability (Compulsory Insurance) Act 1969 does not create a civil, as well as a criminal, liability.

  • Employer liability: Employer's liability for employee's negligent driving

    Date:
    10 May 1989
    Type:
    Law reports

    Employees travelling on the highway are acting in the course of their employment if at the material time they are "going about their employer's business", holds the House of Lords in Smith v Stages and another.