Health and safety
In An Operations Coordinator v A Facilities Management Service Provider, the Workplace Relations Commission in Ireland found that a worker was constructively dismissed when she resigned after she raised concerns about safe working and her employer rejected her request to work remotely during the coronavirus pandemic.
In R (on the application of the Independent Workers' Union of Great Britain) v Secretary of State for Work and Pensions and another, the High Court held that the Government has failed to implement properly EU health and safety Directives by excluding workers from the UK implementing legislation.
In Chell v Tarmac Cement and Lime Ltd, the High Court held that the employer was not negligent or vicariously liable when an employee's practical joke caused an injury to a contractor.
In Barclays Bank plc v Various claimants, the Supreme Court held that the employer is not vicariously liable for an independent doctor's alleged sexual assaults on 126 job applicants and employees.
In Shelbourne v Cancer Research UK, the High Court held that the employer was not vicariously liable for the employee's injury sustained during the staff Christmas party.
In Bellman v Northampton Recruitment Ltd, the Court of Appeal held that an employer was vicariously liable for a managing director's assault of an employee during a drinking session after the work Christmas party.
The High Court has held that an employer is vicariously liable for 126 alleged sexual assaults that took place during medical examinations carried out at the request of the employer.
In Mohamud v WM Morrison Supermarkets plc  IRLR 362 SC, the Supreme Court held that the employer was vicariously liable for a violent assault by one of its employees, ruling that the "close connection" test was satisfied.
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.
A manager who refused to take a "for cause" drug test was fairly dismissed because his employer was entitled to expect him to set an example for other staff, according to an employment tribunal.
Employment law cases: HR and legal information and guidance relating to health and safety.
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