Employer's primary liability

Question 1

who is sueing whom?

Answer 1

employee sues employer - claimant is always an employee of the defendant

Question 2

what is the employer’s duty of care

Answer 2

to take reasonable precautions to insure an employee’s safety at work

Question 3

two characteristics of the employer’s duty of care

Answer 3

1. personal
2. non-delegable

Question 4

Requirements (Wilsons v Clyde Coal Co Ltd v English)

Answer 4

Safe and competent employees

Safe and proper plant and equipment

Safe place of work/premises, including safe access and way out

Extends to third-party premises too

Safe systems of work, with adequate supervision and instruction

Needs to take reasonable steps to ensure compliance

Question 5

what is the standard of care owed by an employer (breach)

Answer 5

to take reasonable care - this is not an absolute duty and you must consider the employee’s personal characteristics (objective test)

Question 6

factual causation

Answer 6

often relates to the provision of safety equipment:
Causation may not be satisfied if it can be proved that even if provided, the employee would not have used safety equipment

Provision of safety equipment might not be sufficient if enforcement/specific instruction was not given

Question 7

remoteness

Answer 7

must also be considered

Question 8

usual defences x2

Answer 8

Consent
Judges are very sceptical of this defence in employment circumstances

Contributory Negligence