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Uren v Corporate Leisure (UK) Ltd and Others: QBD 22 Jan 2010

The claimant was injured on a poolside on an ‘It’s a Knock Out’ fun day organised by the defendants. He suggested that the risk assessment was inadequate. Held: The claim failed. The question for decision is not whether adequate risk assessments had been undertaken, but whether the defendants took reasonable measures to ensure that the … Continue reading Uren v Corporate Leisure (UK) Ltd and Others: QBD 22 Jan 2010

Age Concern Newcastle Upon Tyne v Brady: EAT 23 Oct 2009

EAT PRACTICE and PROCEDURE:BIAS, MISCONDUCT AND PROCEDURAL IRREGULARITYChapman v Simon [1994] IRLR 124 (CA). Did the Employment Tribunal decide the case in favour of Claimant on a basis not advanced by Claimant? Answer; no. Appeal dismissed.Context: pregnancy discrimination. Observations on Management of Health and Safety at Work Regulations 1999, Regulations 13, 16 and 18. Judges: … Continue reading Age Concern Newcastle Upon Tyne v Brady: EAT 23 Oct 2009

Oneill v Buckinghamshire County Council: EAT 5 Jan 2010

EAT UNFAIR DISMISSALConstructive dismissalSEX DISCRIMINATION Pregnancy and discriminationPregnant workers are not automatically entitled to a work assessment under Regulation 16 Management of Health and Safety at Work Regulations 1999 in the absence of evidence that the work involved a risk as to health and safety to the expectant mother.Emo Ai Judges: Ansell J Citations: [2010] … Continue reading Oneill v Buckinghamshire County Council: EAT 5 Jan 2010

Jennings v The Forestry Commission: CA 23 May 2008

The claimant was a self employed contractor. He suffered serious injuries when while working for the defendant, his vehicle overturned. The defendant appealed against the finding of liability. The Land Rover went out of control on a steeply sloping field on which he was driving in the course of carrying out fencing work for the … Continue reading Jennings v The Forestry Commission: CA 23 May 2008

MacCartney v Oversley House Management: EAT 31 Jan 2006

EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 2006

A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

Bunning v G T Bunning and Sons Limited: CA 9 Feb 2005

Application for leave to appeal. Leave granted but claimant warned as to likelihood of success. Judges: Lord Justice Wall Citations: [2005] EWCA Civ 104 Links: Bailii Statutes: Management of Health and Safety at Work Regulations 1999 16 Jurisdiction: England and Wales Citing: Cited – London Borough of Waltham Forest v Omilaju CA 11-Nov-2004 Final Straw … Continue reading Bunning v G T Bunning and Sons Limited: CA 9 Feb 2005

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

Kennedy v Cordia (Services) Llp: SC 10 Feb 2016

The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence. Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which govern the admissibility of skilled evidence: (i) whether the proposed skilled evidence will assist the court … Continue reading Kennedy v Cordia (Services) Llp: SC 10 Feb 2016

Kennedy v Cordia (Services) Llp: SCS 19 Sep 2014

The respondent, Mrs Kennedy was working for the reclaimers as a carer. She had been injured walking up a snowy client’s path. The reclaimer appealed against an award for damages after a finding that she should have been provided with grips for her feet in these conditions. Held: The reclaimer was granted. The Lord Ordinary … Continue reading Kennedy v Cordia (Services) Llp: SCS 19 Sep 2014

Kennedy v Cordia (Services) Llp: SCS 7 Aug 2013

Outer House – damages after carer’s fall in snow. Held: The Outer House found Cordia liable under the PPE Regulations, the Management Regulations, and the common law. Both risk assessments for Cordia had been faulty.Lord McEwan summarised the expert evidence: He then looked at the risk assessments. Agreeing in general with the later evidence of … Continue reading Kennedy v Cordia (Services) Llp: SCS 7 Aug 2013

Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

Spencer-Franks v Kellogg Brown and Root Ltd and others: HL 2 Jul 2008

The deceased worked for the defendants on an oil rig. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment within the Regulations. Held: The appeal was allowed. The door closer was apparatus for use at work, though provided by a different company. The Regulations … Continue reading Spencer-Franks v Kellogg Brown and Root Ltd and others: HL 2 Jul 2008

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