Chapter 6: Negligence: Employers' Liability

Flashcards covering employer liability in negligence, including personal non-delegable common law duties, workplace stress under the Hatton guidelines, breach, statutory regulations, causation, and defences.

What four duties comprise the employer's common law duty to take reasonable care for employees' safety?

1. Competent staff
2. Adequate plant and equipment
3. Safe system of work
4. Safe place of work

When does the duty to provide competent staff arise, and what does it encompass according to Hudson v Ridge and Waters?

It arises where the employer knows or ought to know of the risk a worker poses, which includes bullying (Waters).

What protection does the Employer's Liability (Defective Equipment) Act 1969 provide to employees?

It allows an employee to sue the employer for equipment defects caused by a third party's fault.

What is the widest employer duty, and what does it encompass under General Cleaning v Christmas?

The safe system of work; it includes training, supervision, monitoring, and discipline, and it applies wherever the employee works.

What is the legal significance of an employer's duty being personal and non-delegable?

Contracting out (e.g., maintenance) provides no escape from liability.

How does the common law employer's duty compare to the standard set under the Occupiers' Liability Act 1957?

The employer's duty is more onerous than the Occupiers' Liability Act 1957.

Which case established that the safe system of work duty can cover workplace stress?

Walker.

Under the Hatton guidelines, what is the threshold question for employer liability in stress at work claims?

Was injury to health from stress reasonably foreseeable?

What factors are considered when determining whether injury to health from stress was reasonably foreseeable under the Hatton guidelines?

The nature and extent of the work and signs from the employee.

What assumptions is an employer entitled to make regarding an employee under the Hatton guidelines?

The employer may take what an employee says at face value and assume they can cope with normal pressures.

Does an employer's duty of care extend to stress caused by personal problems?

No, stress from personal problems falls outside the duty.

Do Alcock and primary/secondary victim rules apply to claims concerning stress at work?

No, Alcock and primary/secondary victim rules do not apply.

What requirement regarding the risk must be satisfied to establish breach of an employer's duty (referencing Paris)?

The risk must be known to the employer.

What is the civil effect of Health and Safety at Work etc. Act 1974 (HSWA 1974) regulations under section 47?

HSWA 1974 regulations are not actionable in civil claims (s 47), but they are relevant evidence of breach in negligence.

What are the two main defences to an employer's liability claim in negligence?

Consent and contributory negligence.