Detailed Practice Notes written by our Skilled Help Lawyers, guiding you by means of the crucial troubles in each and every topic. Clause 62 sought to amend the current section 47 of the HSWA 1974, so that a breach of those statutory health and safety provisions which impose strict liability on employers would not let an employee to bring a civil claim, unless the proper is particularly offered for in the legislation. This would have the impact of limiting the opportunity of staff taking a civil action for breach of statutory duty and call for them to prove a case by displaying negligence of the employer.
The case of Groves v Lord Wimborne (1898) established that there could be combined civil actions for prevalent law negligence and for breach of statutory duty. At present, civil liability in employer’s liability claims is virtually exclusively determined by reference to breach of statutory regulations. They will also be capable to consider wider cultural troubles within the organisation, such as attitudes or practices that tolerated health and security breaches.
In those situations, to be able to successfully claim damages the worker will need to have to establish that the employer’s statutory breach was the trigger of his or her injury. Although the worker in this case was not productive in his damages claim, employers ought to not be complacent about compliance with their statutory duties. The defence of typical employment is not applicable in a case where injury has been brought on to an … Read the rest >>>