Health and Safety Law in UK Law

Leading Cases
  • R (Razgar) v Secretary of State for the Home Department
    • House of Lords
    • 17 June 2004

    (4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?

  • Januzi and Others v Secretary of State for the Home Department
    • House of Lords
    • 15 February 2006

    The decision-maker, taking account of all relevant circumstances pertaining to the claimant and his country of origin, must decide whether it is reasonable to expect the claimant to relocate or whether it would be unduly harsh to expect him to do so. The decision-maker must do his best to decide, on such material as is available, where on the spectrum the particular case falls. All must depend on a fair assessment of the relevant facts.

  • Biogen Inc. v Medeva Plc
    • House of Lords
    • 31 October 1996

    His expressed findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualification and nuance ( as Renan said, la v�rit� est dans une nuance), of which time and language do not permit exact expression, but which may play an important part in the judge's overall evaluation.

  • White and Others v Chief Constable of South Yorkshire Police and Others
    • House of Lords
    • 03 December 1998

    It is a non sequitur to say that because an employer is under a duty to an employee not to cause him physical injury, the employer should as a necessary consequence of that duty (of which there is no breach) be under a duty not to cause the employee psychiatric injury: see Hilson, Nervous Shock and Categorization of Victims, [1998] Tort L.R. 37, at 42. The rules to be applied when an employee brings an action against his employer for harm suffered at his workplace are the rules of tort.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 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.

    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.

  • McLoughlin v O'Brian
    • House of Lords
    • 06 May 1982

    Yet an anxiety neurosis or a reactive depression may be recognisable psychiatric illnesses, with or without psychosomatic symptoms. So, the first hurdle which a plaintiff claiming damages of the kind in question must surmount is to establish that he is suffering, not merely grief, distress or any other normal emotion, but a positive psychiatric illness.

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Legislation
  • European Union (Future Relationship) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... Information about non-food product safety ... 14: Disclosure of non-food product safety information within UK ... purposes” for the purpose of subsection (2) —(a) to ensure health and safety,(b) to ensure the protection of consumers, and(c) to ensure the ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (f) disruption of services relating to health ... (4) It is immaterial for the purposes of subsection (2) whether or ... to all the circumstances, including the need to secure the health, safety and well-being of the girl to be protected ... (3) An FGM protection ... ...
  • Space Industry Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... regard to spaceflight activities with a view to securing public safety.That duty has priority over the application of subsections (2) and (3) ... ) is to be used, to carry a spacecraft;“public safety” means the health and safety of members of the public (see subsection (7) ) and the safety ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... substituted by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, ... be contrary to the public interest, or(iii) might jeopardise the safety of any person, and(b) the Minister has notified the Commissioner of that ... ...
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Books & Journal Articles
  • Revolution Blues: The Reconstruction of Health and Safety Law as ‘Common‐sense’ Regulation
    • No. 42-2, June 2015
    • Journal of Law and Society
    This article reviews the last five years of coalition government policy making in relation to occupational health and safety law. It shows that the most significant and influential element of this ...
  • Reimagining state responsibility for workers following COVID-19: A vulnerability approach
    • No. 21-3, September 2021
    • International Journal of Discrimination and the Law
    • 0000
    In this article it is argued that the COVID-19 crisis offers an important opportunity for engagement and reflection on the operation and effectiveness of laws regarding the workplace in the UK and ...
    ... ... these principles have been adopted historically inthe context of health and safety law, but have not always been well applied, particularly inthe ... ...
  • THE TRADITION OF WORKER PARTICIPATION IN THE NETHERLANDS
    • No. 10-2, February 1988
    • Employee Relations
    • 14-16
    Collective labour relations within the EEC varies considerably, and it is intended here to explain the underlying attitudes to bargaining between unions and employers in the Netherlands. Forthcomin...
    ... ... changes in collective labour law, in particular in relation to health and safety at work law, since this area will be markedly affected by new ... ...
  • Integrating Management Systems and Occupational Health and Safety Regulation
    • No. 26-2, June 1999
    • Journal of Law and Society
    ‘Best practice’ in occupational health and safety (OHS) performance needs to recognize the declining emphasis that is being placed on the capacity of the regulatory state. This article argues that ...
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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" ... ...
  • Provide supplemental information when making or responding to allegations of harm and domestic violence
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... “Harm” means ill treatment or damage to health and development, including, for example, damage sufered from ... seeing or ... Do you have any other concerns ... about your child(ren)’s safety and ... wellbeing? ... If Yes, please give details ... (Do not give full ... ...
  • 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" ... ...
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