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Legal Terms - employer's liability
The employer's culpability for failing to ensure competent colleagues, safe equipment, a secure work environment, and a reliable work system, including sufficient supervision (Wilson and Clyde Coal Co Ltd v English [1938] AC 57 (HL) 141). This encompasses a need to avoid inflicting psychiatric harm (Barber v Somerset CC [2004] UKHL 13, [2004] 1 WLR 1089; Hartman v South Essex Mental Health and Community Care NHS Trust [2005] EWCA Civ 6, [2005] ICR 782). Liability may arise in tort for damages due to carelessness and for breach of statutory duty under legislation pertaining to workplace safety; criminal consequences may also apply.
The employer's culpability for failing to ensure competent colleagues, safe equipment, a secure work environment, and a reliable work system, including sufficient supervision (Wilson and Clyde Coal Co Ltd v English [1938] AC 57 (HL) 141). This encompasses a need to avoid inflicting psychiatric harm (Barber v Somerset CC [2004] UKHL 13, [2004] 1 WLR 1089; Hartman v South Essex Mental Health and Community Care NHS Trust [2005] EWCA Civ 6, [2005] ICR 782). Liability may arise in tort for damages due to carelessness and for breach of statutory duty under legislation pertaining to workplace safety; criminal consequences may also apply.
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