Employer's liability: Successive employers were jointly liable for materially increasing risk of employees' disease
This report relates to 1 case(s)
In Fairchild v Glenhaven Funeral Services Ltd and others [2002] UKHL 22, and related cases, the House of Lords holds that, where it is established that successive employers had each failed in their duty of care to protect an employee from contracting a disease during his or her employment with them, but it cannot be proved which particular employment had caused the damage complained of, each employer could be held liable in damages for the breach. Proof that each employer's wrongdoing had materially increased the risk of the employee contracting the disease was sufficient proof that each one had materially contributed to the disease.