Employer s Duty of Care in UK Law
Leading Cases
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Caparo Industries Plc v Dickman
... ... the accounts in April and May 1984, owed a duty of care to investors and potential investors, and ... They owe the duty, of course, to their employer or client; and also I think to any third person ... ...
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M'Alister or Donoghue (Pauper) v Stevenson
... ... receptacle which prevented inspection owed a duty to her as consumer of the article to take care ... off a van which he was driving for his employer and which it was the duty of the defendant under ... ...
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Malik and Mahmud v Bank of Credit and Commerce International SA
... ... of confidence and trust between employer and employee. Argument proceeded on this footing, ... Employers must take care not to damage their employees' future employment ... probably has its origin in the general duty of co-operation between contracting parties: B.A ... ...
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Barber v Somerset County Council
... ... an analysis of the nature of the legal duty imposed on employers in cases of this kind (paras ... that it was reasonably foreseeable to an employer that his employee might suffer psychiatric ... well as for drivers, manufacturers, health care professionals and many others whose carelessness ... ...
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Legislation
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The Ionising Radiations Regulations 2017
... ... and 6 of Schedule 7 to the Health and Social Care Act 2012 (c.7), and paragraphs 1 and 11 of ... services in the controlled area of any employer (other than the controlled area of their own ... reference to a self-employed person and any duty imposed by these Regulations on an employer in ... ...
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Coronavirus Act 2020
... ... registration of nurses and other health and care professionals: Schedule 1 contains temporary ... out of or in connection with a breach of a duty of care owed in connection with the provision, ... to the amount they are paid by the employer in respect of that time.(8) “Employment-related ... ...
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Modern Slavery Act 2015
... ... 2015/1476, reg. 2(c) ... 43: Duty to co-operate with Commissioner ... (1) The ... individual's condition or to an individual's care or treatment, or is to any extent derived ... who has such leave to be able to change employer (subject to paragraph (a) ) ... (3) ... ...
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Immigration Act 2014
... ... household as P in circumstances where P has care of the child,(c) in a case where P is a child, ... building society that it is subject to the duty in section 40G(2) in relation to the disqualified ... (4A) An appeal may be brought only if the employer has given a notice of objection under section 16 ... ...
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Books & Journal Articles
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Extent of common law duty of care owed in pensions misselling. Gorham & Others v British Telecommunications plc, Trustees of the BT Pension Scheme, & Standard Life Assurance Company
The claimants who were the Appellants in this case were a Mrs Gorham, widow of Mr Gorham, and her two young children. Mr Gorham had been employed by British Telecommunications plc (BT) between 2nd ...... ... described in the Stan-dard Life correspondence as client and spouse) included transfer of accrued pen-sions rights with Mr Gorham's previous employer to a personal pension contract and payment into that contract by Mr Gorham of monthly premiums of £80, along with a small amount of life cover at a ... ...
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Employers' Liability at Common Law: Two Competing Paradigms
... ... The most significant of these, the mutual duty of trust and confidence, was defined by the House ... International SA as an obligation on an employer not to “without reasonable and proper cause, ... recently, an employer's delictual duty of care towards its employees was limited to liability ... ...
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Foresight saga: the onus is on employees to raise their concerns if they feel they are under excessive stress. But employers can't shirk their duty of care where the risk is predictable.
... ... The resounding message from the Sutherland ruling was that the employer was entitled to assume that the employee could withstand the normal pressures of the job. The court put the onus upon the employee, at least to a ... ...
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Duty of Employers to Disclose Breaches of Contracts: BCCI v Ali and Others
In BCCI v Ali, the court was faced with the question whether an employer is under a duty to disclose breaches of contract where they may give rise to risks to the physical, financial and psychologi...... ... In BCCI v Ali, the court was faced with the question whether an employer is under a duty to disclose breaches of contract where they may give rise ... The bank took the greatest care to ensure that its employees knew what the terms of the agreement were ... ...
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Law Firm Commentaries
- Does An Employer's Duty Of Care Extend To Commuting To Work? Guidance From The UK
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UK – Right to Know
The question of whether staff have a right to know if a colleague has become infected with the virus brings two separate duties into conflict. On the one hand, the employer owes a duty to take reas...
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COVID-19 (Coronavirus): Guidance for UK Employers
Employer protection responsibilities - What responsibilities do we have towards our employees? As an employer, you have a duty of care to your employees in relation to health and safety and i......Employer protection responsibilities ... 1. What ... As an employer, you have a duty of care to your employees in relation to health ... ...
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“I blame the parents”: Parent companies (in the UK) may owe a duty of care to their subsidiaries’ employees
The English Court of Appeal recently delivered a judgment in Chandler v Cape Plc [2012] EWCA Civ 525 which has potentially significant implications for groups of companies. It is also a warning of ...
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