Health and Safety in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 Mayo 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

    Nature of the damages recoverable and arising of the cause of action. Subject always to adequate proof of causation, these damages may include damages for personal injury and damage to property. In my opinion they may also include damage to the dwelling-house itself; for the whole purpose of the byelaws in requiring foundations to be of certain standard is to prevent damage arising from weakness of the foundations which is certain to endanger the health or safety of occupants.

    To allow recovery for such damage to the house follows, in my opinion, from normal principle. If classification is required, the relevant damage is in my opinion material, physical damage, and what is recoverable is the amount of expenditure necessary to restore the dwelling to a condition in which it is no longer a danger to the health or safety of persons occupying and possibly (depending on the circumstances) expenses arising from necessary displacement.

    In my respectful opinion the Court of Appeal was right when, in Sparham-Souter's case it abjured the view that the cause of action arose immediately upon delivery, i.e., conveyance of the defective house. We are not concerned at this stage with any issue relating to remedial action nor are we called upon to decide upon what the measure of the damages should be; such questions, possibly very difficult in some cases, will be for the court to decide.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 Mayo 1977

    A reasonable man in the position of the inspector must realise that if the foundations are covered in without adequate depth or strength as required by the byelaws, injury to safety or health may be suffered by owners or occupiers of the house. The duty is owed to them—not of course to a negligent building owner, the source of his own loss. A right of action can only be conferred upon an owner, or occupier, who is such when the damage occurs (see below).

  • Barber v Somerset County Council
    • Court of Appeal (Civil Division)
    • 05 Febrero 2002

    Here again, it is important to distinguish between signs of stress and signs of impending harm to health. Stress is merely the mechanism which may but usually does not lead to damage to health. If the employee or his doctor makes it plain that unless something is done to help there is a clear risk of a breakdown in mental or physical health, then the employer will have to think what can be done about it.

    Unless he knows of some particular problem or vulnerability, an employer is usually entitled to assume that his employee is up to the normal pressures of the job. It is only if there is something specific about the job or the employee or the combination of the two that he has to think harder. Generally he is entitled to take what he is told by or on behalf of the employee at face value.

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Legislation
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Books & Journal Articles
  • Health, Safety and Industrial Democracy: Some Further Considerations
    • No. 3-1, January 1981
    • Employee Relations
    • 23-27
    In a recent article in this journal Geoffrey Stuttard argued that the provisions of the Health and Safety at Work Act 1974 which provide for union appointed safety representatives have important im...
  • Workplace boredom coping: health, safety, and HR implications
    • No. 36-5, August 2007
    • Personnel Review
    • 701-721
    Purpose: The purpose of this paper is to investigate how people cope with boredom at work, and whether differences in “boredom coping” effectiveness are associated with differences in employee well...
  • Managing homeworking: health and safety responsibilities
    • No. 22-6, December 2000
    • Employee Relations
    • 540-554
    This paper reports on a study of companies using homeworkers, carried out to gather information regarding the employment status of homeworkers and the health and safety provision afforded to homewo...
  • Self‐regulation and Health and Safety
    • No. 9-4, April 1987
    • Employee Relations
    • 3-8
    Self‐regulation of health and safety within a legal framework was recommended by the Robens Committee Report (1972). Every organisation will be affected by various factors, both internal and extern...
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Law Firm Commentaries
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Forms
  • Annex B - Application for enforcement of a decision made or recognised in the requested state
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... this Convention if it determines that to do so could jeopardise the health", safety or liberty of a person in accordance with Article 40 ... \t\t\t\t \xEF\x82" ... ...
  • Annex A - Application for recognition or recognition and enforcement
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... this Convention if it determines that to do so could jeopardise the health", safety or liberty of a person in accordance with Article 40 ... \t\t\t\t \xEF\x82" ... ...
  • Annex C - Application for establishment of a decision
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... this Convention if it determines that to do so could jeopardise the health", safety or liberty of a person in accordance with Article 40 ... \t\t\t\t \xEF\x82" ... ...
  • Annex D - Application for modification of a decision
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... this Convention if it determines that to do so could jeopardise the health", safety or liberty of a person in accordance with Article 40 ... \t\t\t\t \xEF\x82" ... ...
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