It is not recognized whether or not those drafting the Enterprise and Regulatory Reform Act 2013 realised that it would inevitably grow to be known as ‘ERRA’, which itself however on 1st glance seems to be a spelling error. The Regulations produced below the Overall health and Security at Perform Act remain in force and stay relevant as proof of standards anticipated of employers in civil situations. I have just seen an update from one of those H&S info firms which states plainly that you will no longer be in a position to sue for breach of statutory duty, you will need to sue for negligance.
In practical terms, if an employer was in breach of a statutory duty and that breach led to an employee suffering injury (i.e. if it could be proved that, had the regulation been appropriately applied, the injury would not have occurred.), then the employer was liable for damages. I think, though I could be wrong (gasp!) that there is a three year window of ‘opportunity’ (?) to make a claim against an employer in regards to breach of statutory duty.
Health and safety regulation has usually contained a balance among distinct varieties of obligation, which includes a majority which are certified by affordable practicability but like some that are strict. At first instance the judge held that the trolley was ‘suitable’ for the purposes of PUWER but as with the Hide case the CoA located for the claimant on the basis that the trial … Read the rest >>>