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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