Health and safety

Successful challenge to prohibition notice on basis of subsequent evidence

In assessing whether to uphold a prohibition notice, a tribunal had properly taken account of information which was not available at the time at the notice was served.
HM Inspector of Health and Safety v Chevron North Sea Ltd
 

Robust risk assessment is central to whether an employer has fulfilled its duty of care

The need for employers proactively to assess risks faced by their staff when at work, and to reduce those risks accordingly, have been emphasised by the Supreme Court. Here the employer of a home carer who fell and broke her wrist in icy conditions was found to have breached both its statutory duty and its common law duty of care.
Kennedy v Cordia (Services) LLP
 

The band of reasonable responses is not infinitely wide

The dismissal of a long-serving employee for a health and safety rule breach was unfair where the employers had effectively condoned the employee’s previous breaches.
Newbound v Thames Water Utilities Ltd
 

Inadequacy of health and safety training led to liability for personal injury

An employer’s over-reliance on inadequate e-learning training and its failure to follow up contributed directly to a subsequent serious injury for which the employer was liable.
Milroy v BT plc
 

Record fine in Northern Ireland corporate manslaughter case

JMW Farms, a pig farm, has been fined £187,500 in the first successful conviction in Northern Ireland under the Corporate Manslaughter and Corporate Homicide Act 2007. JMW had pleaded guilty to health and safety failings that led to the death of one its employees.
R v JMW Farm Ltd
 

Automatically unfair health and safety dismissals: it’s the employee’s belief which is crucial

A useful reminder from the EAT that where automatic unfairness and health and safety is involved, it is the employee’s belief as to the existence of a health and safety issue which is important – not whether such an issue did in fact exist in law.
Joao v Jurys Hotel Management UK Ltd
 
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