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25 November 2010 / Karen O’Sullivan
Issue: 7443 / Categories: Features , Health & safety , LexisPSL
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Risky business

Karen O’Sullivan considers the suitability of protective equipment

Health and safety legislation has been making the headlines in recent weeks, thanks to Lord Young’s report into the “compensation culture”. While recognising the huge advances which have been made in workplace safety since the Health and Safety at Work (etc) Act 1974 Lord Young notes that employers are increasingly concerned about being sued for health and safety breaches and that there has been an overzealous application of workplace legislation by some health and safety “experts”. This has resulted in health and safety obligations for employers which are too onerous and do little to protect their employees from the risk of injury.

With the media’s view being that the UK’s health and safety polices have gone too far it is perhaps fortuitous timing that the Court of Appeal have just published a judgment which neatly demonstrates why  comprehensive risk assessments need to be carried out in the workplace and the necessity for appropriate protective equipment to be provided to employees.

Threlfall

In Threlfall v Hull [2010]

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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