header-logo header-logo

18 September 2009 / Robert Weir KC
Categories: Features , Personal injury , Employment
printer mail-detail

Not aloud

Robert Weir examines what makes a place of work unsafe

It is now more than 16 years since the Six-Pack Regulations (Usdaw Guide to the 1992 Health and Safety regulations), setting new health and safety duties on employers, came into force. Yet the old health and safety rules still have a role to play as shown by Baker v Quantum Clothing Group and others [2009] EWCA Civ 499, [2009] All ER (D) 205 (May) in which the claimant employee relied upon s 29 of the Factories Act 1961 (FaA 1961) in her claim for noise-induced deafness suffered in the 1970s and 1980s.

The importance of the decision of the Court of Appeal in Baker lies in the approach that Lady Justice Smith took to defining safety under s 29. Whether a place of work is unsafe is a question of fact. That it may have been unforeseeable to the employer that the place was unsafe is irrelevant. The test for safety is strict. By so deciding, Smith LJ was finding that the statutory duty imposed

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll