Health and safety breaches

New and updated

• Civil liability for and commercial consequences of health and safety breaches

  Type:

  Employment law manual

  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.

• Vicarious liability: Employer liable for sexual assaults during medical examinations

  Date:

  17 August 2017

  Type:

  Law reports

  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.

• Criminal liability for health and safety breaches

  Type:

  Employment law manual

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

• Vicarious liability: Employer was vicariously liable for assault on customer

  Date:

  30 December 2016

  Type:

  Law reports

  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.

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

  Date:

  13 December 2016

  Type:

  Law reports

  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.

• Vicarious liability: Relationship between prison service and working prisoners akin to employment

  Date:

  5 May 2016

  Type:

  Law reports

  In Cox v Ministry of Justice [2016] IRLR 370 SC, the Supreme Court held that the Ministry of Justice was vicariously liable for the negligent act of a prisoner while he was working in a prison kitchen.

• Vicarious liability: employer liable for employee's attack on customer

  Date:

  3 March 2016

  Type:

  Law reports

  The Supreme Court has held that an employer was vicariously liable for the actions of an employee who seriously assaulted a customer while at work.

• Vicarious liability: Ministry of Justice liable for staff injury caused by working prisoner

  Date:

  3 March 2016

  Type:

  Law reports

  The Supreme Court has held that the Ministry of Justice (MoJ) was vicariously liable for the negligence of a prisoner who injured a member of staff while carrying out kitchen work.

• Vicarious liability: employer not liable for injuries sustained in horseplay at work

  Date:

  17 March 2015

  Type:

  Law reports

  The Court of Appeal has held that creating the risk of harm in the workplace was not sufficient to impose liability on the employer for the "frolicsome but reckless" conduct of an employee.

• Vicarious liability: Ministry of Justice's relationship with prisoner engaged in kitchen work "akin to employment"

  Date:

  7 March 2014

  Type:

  Law reports

  The Court of Appeal has held that the Ministry of Justice, which it found had a relationship with a prisoner assigned to do kitchen work "akin to employment", was vicariously liable for the negligence of the prisoner when he accidentally dropped a heavy sack of food on a member of staff's back.