The lately enacted Enterprise and Regulatory Reform Act 2013 Section 69 amends the HSWA 1974 to remove the right of civil of action for breach of a duty imposed by specific overall health and safety legislation, other than where such a suitable is especially provided for. For present purposes what is maybe most intriguing about Lord Drummond Young’s selection is that whilst the employer was discovered strictly liable for its breach of the applicable regulation, the widespread law case against it was not established. The typical law duty has been expressed by the court as, the affordable and prudent employer taking good believed for the safety of his workers in the light of what he knows or ought to know.” (Stokes v Guest (1968) 1WLR 1886).
Prior to the passing of the ERR Act 2013 (in addition to any claim based on a breach of their contract of employment), workers could bring a claim against their employer for a breach of the frequent law duty of care as nicely as a claim primarily based on a breach of the employer’s statutory duty. This would address the perceived unfairness that accountable and safety-conscious employers had been getting held to a duty that was larger than the typical law duty of care. The Government obliged and Section 69 ERRA has now removed the doctrine of strict liability for employers from all well being and safety regulations which are silent as to civil liability.
To comply with its statutory and prevalent law duties, … Read the rest >>>