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- Type:
- Employment law cases
In Koonjul v Thameslink Healthcare Services, the Court of Appeal dismisses a claim under the Manual Handling Operations Regulations 1992, in part because the "everyday" nature of the task which caused the injury made it unrealistic to require a risk assessment.
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- Date:
- 31 August 2000
- Type:
- Employment law cases
In Carmichael v Marks & Spencer plc S.C.C.R. 781 High Court of Justiciary (Appeal), a criminal prosecution under the Management of Health and Safety at Work Regulations 1992, regulation 3, the High Court held that it would be open to the prosecution to prove either that no risk assessment whatever had been made or that an assessment had been made that was not suitable and sufficient. The defendants were entitled to be told the essential features of the prosecution case and in particular upon what basis the prosecution was contending that there had been a contravention of regulation 3.
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- Type:
- Employment law cases
In Stone v Commissioner of Police for the Metropolis, a county court awards a police clerk £384,000 for back injuries suffered as a result of her employer's failure to carry out a manual-handling risk assessment or train her in safe lifting.
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- Date:
- 31 December 1999
- Type:
- Employment law cases
In Duncanson v South Ayrshire Council [1999] SLT S19 CS, the Court of Session held that a steel cabinet within a nursery was work equipment for the purposes of the Provision and Use of Work Equipment Regulations 1992.
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- Date:
- 31 December 1999
- Type:
- Employment law cases
In Wenham v Bexley 1999 10 CL 388 CC, a county court held that kitchens are places where floors are likely to get wet and accordingly these should be kept dry to avoid breaches of the Workplace (Health, Safety and Welfare) Regulations 1992.
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- Type:
- Employment law cases
In Rama v South West Trains, the High Court confirms that the test to determine safety representatives' entitlement to paid leave to attend health and safety training is not limited to training that is necessary to enable representatives to fulfil their functions.
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- Type:
- Employment law cases
In Day v T Pickles Farms Ltd, the Employment Appeal Tribunal (EAT) says that an employer should not wait for written notification of an employee's pregnancy before carrying out a risk assessment, and that its failure to carry out an assessment may have caused the employee detriment within the provisions of the Sex Discrimination Act 1975.
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- Type:
- Employment law cases
In Karen Bilton v Fastnet Highlands Ltd, the Scottish Court of Session holds that a fish processor who developed occupational asthma can pursue a claim for compensation against her employer under the Control of Substances Hazardous to Health Regulations 1988 (COSHH), even though the substance is not specified by COSHH.
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- Date:
- 15 March 1999
- Type:
- Employment law cases
In Day v T Pickles Farms Ltd, the EAT holds that an employer who failed to make an assessment of the risks to the health and safety of a woman of child-bearing age employed in a sandwich shop no later than the date she started working there, and certainly before she became pregnant, could thereby have subjected her to a "detriment" within the meaning of the Sex Discrimination Act 1975.
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- Type:
- Employment law cases
The liability of an employer for the acts or omissions of a contractor it engages is the central issue in R v Associated Octel Co Ltd. Both the Court of Appeal and the House of Lords have considered this important case, and both have ruled that an employer cannot delegate the duty imposed by s.3(1) of the HSW Act.