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26 October 2012 / Colm Nugent
Issue: 7535 / Categories: Features , Personal injury
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The long haul

What liability does an employer carry for accidents resulting from excessive working hours, asks Colm Nugent

British workers put in some of the longest hours in Europe, despite the Working Time Directive. So what if a worker injures himself or others in a tiredness-related traffic accident?

Could he or other victims sue the employer or contractor? Might the Road Traffic Act insurers seek to pass off some or all of the damage onto the employer’s/contractor’s insurers? In this article “workers” include employees and self-employed; “employers” include contractors.

For a viable claim, the employer’s duty of care must extend beyond the workplace into the worker’s time away from work. But would the claim meet the tests of proximity in Caparo Industries v Dickman [1990] 2 AC 605—that it is fair, just and reasonable to impose a duty, and reasonable foresight of harm?

The extent and standard of duty must be defined and the standard of the employer’s care must be reasonable in all the circumstances. Negligence has been defined (in an employment context) as “the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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