Appeals against fines totalling pounds 48,000 and an order for costs of pounds 7,500 imposed in respect of four offences under the Health and Safety at Work Act 1974 and related regulations. Citations: [1998] EWCA Crim 3531, [1999] 2 Cr App R (S) 37, [1999] 2 All ER 249 Links: Bailii Statutes: Health and Safety … Continue reading F Howe and Son (Engineers) Ltd, Regina v: CACD 6 Nov 1998
EAT SEX DISCRIMINATIONBurden of proofPregnancy and discriminationUNFAIR DISMISSAL – Automatically unfair reasonsRegulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental Leave Regulations 1999 must be read together in determining whether there is a suitable available vacancy under Regulation 10(2). Judges: Ansell J Citations: [2010] UKEAT 0544 – 09 – 2708, [2011] ICR 75 Links: … Continue reading Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010
The Council had granted planning pemission for four blocks of student accomodation. The Executive objected that it had not dealt properly with the issue the proximity of a liquified petroleum gas storage depot. Held: Though there had been some confusion as to the need to revoke all or part only of the consent, the council’s … Continue reading The Health and Safety Executive v Wolverhampton City Council and Victoria Hall Ltd: CA 30 Jul 2010
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
EAT WORKING TIME REGULATIONS NATIONAL MINIMUM WAGE A care worker in a residential home who was provided with accommodation so that she could discharge her duty to be on call for the residents 11 hours a night, 7 nights a week, was entitled to treat those hours as working time for the purposes of the … Continue reading Hughes v Jones and Another: EAT 3 Oct 2008
Judges: Lord Justice Latham Lord Justice Brooke Lord Justice Maurice Kay Citations: [2005] EWCA Civ 983 Links: Bailii Statutes: Management of Health & Safety at Work Regulations 1999 Jurisdiction: England and Wales Citing: Leave – Bunning v G T Bunning and Sons Limited CA 9-Feb-2005 Application for leave to appeal. Leave granted but claimant warned … Continue reading Suzanne Bunning v G T Bunning and Sons Ltd: CA 27 Jul 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
The claimant had become sensitive to latex dust while working for the first employer, then suffered an anaphylactic shock when coming into contact with the dust while employed by the second. Held: The regulations required that ‘every employer shall ensure that the exposure of his employee to a substance hazardous to health is either prevented, … Continue reading Dugmore v Swansea NHS Trust and Another: CA 21 Nov 2002
The application of the phrase ‘work equipment’ is to protect the workman using such equipment. This might embrace routine maintenance or cleaning or even minor repairing while the machine is operating. The 1998 Regulations should not be interpreted narrowly and in a way which would fail to implement the Framework Directive. Judges: Lord Reed Citations: … Continue reading English v North Lanarkshire Council: SCS 22 Jan 1999
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
Challenge to improvement notice. Judges: Ognall J Citations: [2000] IRLR 243, [1999] EWHC Admin 376 Links: Bailii Statutes: Health and Safety at Work Act 1974 21, Workplace (Health, Safety and Welfare) Regulations of 1992 Jurisdiction: England and Wales Health and Safety Updated: 28 May 2022; Ref: scu.139640
A steel storage cabinet was held to be work equipment. Citations: 1999 SLT 519 Cited by: Cited – 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 … Continue reading Duncanson v South Ayrshire Council: 1999
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
Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005
Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
EAT Working Time Regulations – TRADE UNION RIGHTS – Action short of dismissal Working Time Regulations 1998 (‘WTR’) Regulation 2(1)(a) and (c) – ‘working time’ Trade Union and Labour Relations (Consolidation) Act 1992 section 146 – detriment The Employment Tribunal having dismissed the Claimants’ claims of breach of the WTR and of detriment, the following … Continue reading Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
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
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
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Citations: [2008] EWCA Crim 1963, [2009] 1 All ER 786, [2009] ICR 127, [2009] Env LR 7, [2009] 1 Cr App R (S) 81, [2009] 1 Cr App R 16, [2009] Crim LR 381 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Health and Safety at Work Act 1974 2, Management of Health … Continue reading TDG (UK) Ltd, Regina v: CACD 29 Jul 2008
Appeal by the Council from a decision finding it liable in negligence for personal injuries suffered by the Respondent. They were sustained during an incident when she was a teaching assistant at an Infant School and a 6 year old child in her care at the school became upset when segregated from the classroom by … Continue reading Norfolk County Council v Durrant: QBD 30 Dec 2020
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
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
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
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
EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – Discrimination due to pregnancy. The claimant was employed by the respondent as a housekeeper. She was asked about the quality of her work by the head housekeeper, who knew that she was pregnant. The claimant became upset and left the premises, phoning the head housekeeper shortly afterwards to say … Continue reading The Kilmarnock Football Club Ltd v Ross: EAT 28 May 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
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
Liable Operator was the person noified The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law. Held: The operator was the person … Continue reading Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010
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
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
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
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
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The prisoner had dropped a large bag of rice on her whilst she was kneeling. The … Continue reading Cox v Ministry of Justice: CA 19 Feb 2014
amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence. Held: The failure of a party’s legal representative properly to explain his client’s case to the tribunal is … Continue reading Kumchyk v Derby County Council: EAT 1978
Safety Duty on Employer was not Absolute The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order and good repair. The defender said it was governed by … Continue reading Munro v Aberdeen City Council: SCS 17 Sep 2009
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
coote_granadaECJ1998 The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation. Held: The state has a duty to protect workers against retaliation after employment has been terminated by employers against who claim for sex discrimination had been successful. Victimisation … Continue reading Coote v Granada Hospitality Ltd: ECJ 22 Sep 1998
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
