All items: Risk assessments

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  Alison Dugmore v Swansea NHS Trust and Morriston NHS Trust [2002] EWCA Civ 1689 CA (1 report relating to this case)

  • Latex case exposes strict duty to control hazardous substances

    Date:

    1 January 2003

    A Court of Appeal ruling in the case of a nurse who developed a serious allergy to powdered latex gloves establishes that employers have an absolute duty to adequately control employees' exposure to harmful substances. The ruling has implications for other cases involving exposure to hazardous substances.

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  Baker v Quantum Clothing Group and others [2009] EWCA Civ 499 CA (2 reports relating to this case)

  • Court of Appeal sets new date of knowledge on noise-induced hearing loss

    Date:

    1 September 2009

    In a landmark decision, the Court of Appeal ruled that January 1978 should be the date from which employers may be statutorily liable for noise-induced hearing loss caused by exposure to noise below 90dB(A).

  • Appeal judges lower dB(A) levels for hearing damages

    Date:

    1 August 2009

    Howard Fidderman looks at a Court of Appeal judgment that shows why a literal adherence to official guidance may not always be enough.

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  Brocklebank v Silveira EAT/0571/05 (2 reports relating to this case)

  • Case round-up: Risk assessments for pregnant workers

    Date:

    16 May 2006

    This week's case round-up from Eversheds, covering risk assessments for pregnant workers.

  • Agency's failure to provide risk assessment discrimination

    Date:

    3 March 2006

    In Brocklebank v Silveira EAT/0571/05 the Employment Appeal Tribunal held that an employment agency should have provided a risk assessment for a pregnant employee.

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  Bunning v G T Bunning and Sons Limited [2005] EWCA Civ 104 CA (1 report relating to this case)

  • Constructive dismissal: Failure to conduct proper risk assessment can be repudiatory breach

    Date:

    28 October 2005

    In Bunning v G T Bunning & Sons Ltd, the Court of Appeal holds that the tribunal was correct to find the employer in breach of its obligation to carry out a risk assessment for a pregnant worker under reg.16 of the Management of Health and Safety at Work Regulations 1999.

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  Carmichael v Marks & Spencer plc S.C.C.R. 781 High Court of Justiciary (Appeal) (1 report relating to this case)

  • Carmichael v Marks & Spencer plc

    Date:

    31 August 2000

    In Carmichael v Marks & Spencer plc S.C.C.R. 781 High Court of Justiciary (Appeal), a criminal prosecution under the Management of Health and Safety at Work Regulations 1992, regulation 3, the High Court held that it would be open to the prosecution to prove either that no risk assessment whatever had been made or that an assessment had been made that was not suitable and sufficient. The defendants were entitled to be told the essential features of the prosecution case and in particular upon what basis the prosecution was contending that there had been a contravention of regulation 3.

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  Day v T Pickles Farms Ltd [1999] IRLR 217 EAT (2 reports relating to this case)

  • Failure to assess risks may cause sex discrimination

    Date:

    1 June 1999

    In Day v T Pickles Farms Ltd, the Employment Appeal Tribunal (EAT) says that an employer should not wait for written notification of an employee's pregnancy before carrying out a risk assessment, and that its failure to carry out an assessment may have caused the employee detriment within the provisions of the Sex Discrimination Act 1975.

  • Sex discrimination: Failure to carry out risk assessment could have amounted to detriment

    Date:

    15 March 1999

    In Day v T Pickles Farms Ltd, the EAT holds that an employer who failed to make an assessment of the risks to the health and safety of a woman of child-bearing age employed in a sandwich shop no later than the date she started working there, and certainly before she became pregnant, could thereby have subjected her to a "detriment" within the meaning of the Sex Discrimination Act 1975.

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  Dryden v Monarch Airlines Limited 8 September 2006 County Court (1 report relating to this case)

  • Case of the week: Employers' duty of care to employees

    Date:

    23 January 2007

    This week's case of the week, provided by Reynolds Porter Chamberlain, covers employers' duty of care to employees.

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  Egan v Central Manchester and Manchester Children's University Hospitals NHS Trust [2008] EWCA Civ 1424 CA (2 reports relating to this case)

  • Employers must reduce risks - regardless of an assessment

    Date:

    1 June 2009

    Howard Fidderman looks at Egan v Central Manchester and Manchester Children's University Hospitals NHS Trust - an important Court of Appeal decision on reducing manual handling risks.

  • Court of Appeal underlines distinction between risk assessment and risk reduction

    Date:

    1 April 2009

    The Court of Appeal decision in Egan v Central Manchester and Manchester Children's University Hospitals NHS Trust drew attention to the distinction - in the context of the 1992 manual handling Regulations - between an employer's duty to carry out a health and safety risk assessment and the separate requirement that risks be reduced to the lowest level reasonably practicable, irrespective of whether a risk assessment has been carried out.

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  Fraser v Winchester Health Authority (1999) 55 BMLR 122 CA (1 report relating to this case)

  • Health authority is liable for self-evident risk

    Date:

    1 January 2000

    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.

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  Hardman v Mallon t/a Orchard Lodge Nursing Home [2002] IRLR 516 EAT (2 reports relating to this case)

  • Sex discrimination: Failure to carry out risk assessment for pregnant woman is discrimination

    Date:

    21 February 2003

    In Hardman v Mallon, t/a Orchard Lodge Nursing Home, the EAT holds that a failure to carry out a risk assessment in respect of a pregnant employee as required by the Management of Health and Safety at Work Regulations 1999 amounts to unlawful sex discrimination. This is because carrying out a risk assessment is one of the ways in which a woman's biological condition during and after pregnancy is given special protection.

  • Case roundup: redundancy rights and risk assessment

    Date:

    2 July 2002

    This week's case roundup from Eversheds, covering redundancy rights and risk assessment.