5. Employers' Liability Flashcards
What are the standard elements of negligence which apply in employers’ liability cases?
The usual:
- Duty
- Breach
- Causation
The usual negligence defences are available.
What is the scope of an employer’s duty to employees?
(a) Safe and competent fellow employees;
If an incompetent person is employed or required to do a job (including supervision) that they are not capable of doing, then there will be a breach
(b) Safe and proper plant and equipment;
(c) Safe place of work/premises, including safe access and way out; and
The employer’s duty extends to these ‘third party’ premises too.
(d) Safe systems of work, with adequate supervision and instruction.
And the employer must take reasonable steps to ensure it is complied with.
In what two situations will an employer be liable regarding fellow employees?
- Employee not adequately trained to operate equipment
- Employee regularly makes jokes/engages in horse play; employer is aware but fails to take action, and injury results
What is an employer’s duty regarding a safe system of work?
Employer must devise a safe system of work, and provide adequate supervision to ensure implementation and enforcement
What can an employer delegate and what can they not delegate?
Employer can delegate performance of the duty (E.g., implementing safety systems to a contractor), but they can never delegate their liability for its breach.
Where an employer delegates a task, when will they breach their duty?
If the person to whom the task is delegated fails to take reasonable care, employers are directly liable.
What standard is expected of an employer?
That which would be expected of a reasonable employer
What is the impact of the employer owing a duty to each employee individually?
The individual circumstances of each employee are relevant to the precautions that should be taken, e.g. safety goggles may be required for employees blind in one eye because the risk of losing an eye makes them completely blind
Where a risk is present, why is the date of knowledge within an industry relevant?
Because an employer cannot reasonably be expected to take precautions against a risk before it becomes known
What does the Employer’s Liability (Defective Equipment) Act 1969 provide where an employee is injured in the course of work by equipment provided by their employer?
If the defect is attributable to fault on the part of some third party (e.g. supplier or manufacturer, whether identified or not), the employer will also be deemed to be negligent.
However, as a corollary, if the facts suggests there is no fault on the part of the third party, none can be attributed to the employer.
Do the standard causation rules and usual defences apply after all of this can be established?
Yes
To what does the duty to provide a safe system of work relate?
concerns physical layout of the job, ensuring systems and safety measures are complied with, and that staff is warned about risks and dangers and guards against them.
- also requires employers’ to consider whether such systems need to be modified or improved.
To what does the duty to provide a safe premises relate?
to the physical state of the premises of both the employer and any third-party premises where employees are expect to work.
What factors will the court take into consideration when considering whether an employer has breached their duty to provide safe premises?
- nature of the work
- degree of control exercised by employer
- employer’s knowledge of the premises
- nature of the building
- place of work
Will an employer be found to have breached their duty to provide adequate plant and equipment where the claimant’s injuries are caused by defective equipment?
yes, even if their employee’s injuries are caused by a manufacturing defect that was not itself visible or obvious.
