Health and safety breaches

New and updated

• Type:

  Employment law manual

  General health and safety duties

  Updated to reflect changes to shielding advice for people who are clinically extremely vulnerable, effective from 1 April 2021.

• Date:

  14 October 2020

  Type:

  Law reports

  Vicarious liability: Employer not liable for injury caused by employee's "practical joke"

  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.

• Date:

  8 April 2020

  Type:

  Law reports

  Supreme Court: Employer not vicariously liable for sexual assaults by medical 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.

• Date:

  21 May 2019

  Type:

  Law reports

  Vicarious liability: Employer not liable for dance floor injury at Christmas party

  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.

• Date:

  18 October 2018

  Type:

  Law reports

  Vicarious liability: Employer liable for director's assault after work 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.

• Type:

  Employment law manual

  Civil liability for and commercial consequences of health and safety breaches

  Updated to include information on Dryden and others v Johnson Matthey plc, in which the Supreme Court considered if a health and safety breach resulting in asymptomatic injuries was actionable in a negligence claim.

• Date:

  17 August 2017

  Type:

  Law reports

  Vicarious liability: Employer liable for sexual assaults during medical examinations

  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.

• Type:

  Employment law manual

  Criminal liability for health and safety breaches

  Updated to include a reference to the Sentencing Council's consultation on draft guidelines for manslaughter sentencing.

• Date:

  30 December 2016

  Type:

  Law reports

  Vicarious liability: Employer was vicariously liable for assault on customer

  In Mohamud v WM Morrison Supermarkets plc [2016] 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.

• Date:

  13 December 2016

  Type:

  Law reports

  Vicarious liability: employer not liable for post-Christmas party assault

  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.