In Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland Case C-127/05 ECJ, the European Court of Justice (ECJ) has rejected a challenge to the use of the phrase 'so far as is reasonably practicable' in UK health and safety legislation.
Where an employee is experiencing stress related to excessive workloads, the presence of a workplace counselling service will not automatically serve to discharge the employer's duty of care in stress claims.
Practical guidance on dealing with requests for eye tests from employees who carry out display screen equipment work and the duty to provide corrective glasses.
In New Southern Railway Ltd v Quinn [2006] IRLR 606 EAT, the Employment Appeal Tribunal holds that an employer's duty to take steps to "avoid" risk to a pregnant woman means that the risk should be reduced to its lowest acceptable level - not that it must be removed completely.
In Hawley v Luminar Leisure and others [2006] EWCA Civ 18 CA, the Court of Appeal holds that responsibility for controlling a worker passed to his "temporary deemed employer", and it was unsuccessful in its attempt to persuade the court to make a finding of dual vicarious liability.