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
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 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
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
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
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
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
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
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
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
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