header-logo header-logo

29 February 2008
Issue: 7310 / Categories: Case law , Law digest
printer mail-detail

HEALTH AND SAFETY

Allison v London Underground Ltd [2008] EWCA Civ 71, [2008] All ER (D) 185 (Feb)

The test for the adequacy of training for the purposes of health and safety (under reg 9 of the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306)) is what training was needed in the light of what the employer ought to have known about the risks arising from the activities of his business.

To say that the training is adequate if it deals only with the risks which the employer knows about is to impose no greater a duty than exists at common law.

The statutory duty is higher and imposes on the employer a duty to investigate the risks inherent in his operations, taking professional advice where necessary (per Lady Justice Smith at para 55).
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll