Employer s Duty of Care in UK Law
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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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Pensions Auto-Enrolment: Unintended Consequences of Regulation and Private Law Remedies
... ... owed to employees, particularly by the employer (as an agent) to the employee, and the extent of ... of trust and confidence, with loyalty a key duty. 32 Whilst mere employment does not create ... follow instructions; to exercise skill and care; not to delegate; and to account. In English law ... ...
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Right to remain silent.
... ... , dental expenses, maternity benefits, child-care costs and pension choices are just some of the ... Could an employee claim that their employer has a duty to advise on the consequences of ... ...
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THE EMPLOYER'S LIABILITY(DEFECTIVE EQUIPMENT) ACT 1969
... ... ‘breach of his personal obligation (to take reasonable care to provide safe equipment) by proving that he had taken ... that the employers had sufficiently dis- charged their duty by buying from a reputable supplier a tool whose latent defect ... ...
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Discrimination Law Association
... ... Race Relations Act (RRA) the employer is liable for acts of discrimination ... harassment; there is a general duty on employers to provide a safe place of ... ; an employer has an implied duty of care towards his or her employees and an ... ...
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The Employer's Liability (Defective Equipment) Act—Lion or Mouse?
... ... It will often entail an investigation into the standard of care displayed by several parties: the employer, the ... AT COMMON LAW At common law, an employer has a personal duty to take reasonable care for the safety of his employees. He ... ...
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A DUTY TO PROTECT FROM VIOLENT BEHAVIOUR: THE HEALTH AND SAFETY AT WORK ACT 1974 AND HOSPITAL SECURITY
This paper in the main considers safety of staff within hospitals, although many of the problems faced by staff, particularly nurses, are experienced in a variety of organisations which come in clo...... ... Hospital authorites owe a duty of care to staff to identify the nature and extent of all risks and to provide a ... conditions of employment.7 The law also expects the reasonable employer to be always conscientious and alert with regard to safety in the ... ...
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