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Employment Relations - Case Study Example

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This paper "Employment Relations" discusses the usual master/servant parameters for applying the concepts of vicarious liability that are exempt from application in Clive’s case since his conduct can fall under the provisions of the Protection From Harassment Act 1997…
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Employment Relations
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Download file to see previous pages On the facts of the case for discussion, Derek has only been employed by Notlob County Council for a few months. His most recent assignment placed him in charge of water and sewage flow. Obviously Derek’s responsibility is to perform his duties effectively and his concern is that he cannot do so without posing a threat of harm not only to himself but to others as there is a flaw in the system that can lead to catastrophic consequences.

By virtue of the Health and Safety At Work Act 1974 the employer is under a statutory duty to maintain the water and sewage plant if it is reasonable and practical to do so. The duty is contained in Section 2 which mandates that the employer ensure the safety and welfare of all employees.1 Moreover Section 2(2) is specifically relevant to Derek’s situation which provides that:

“...the matters to which that duty extends include, in particular - the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health; the provision of such information, instruction, training and supervision as is necessary to ensure, so employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.”2

Aside from the statutory duty the employer has always had a common law duty to provide for the health and safety of all employees.3 In Wilsons & Clyde Coal Co. Ltd v English [1937] 3 All ER 628 the House of Lords described that duty as “personal to the employer.”4 Based upon these principles, Notlob County Council was negligent particularly since an employee apprised them of the danger the water system posed. It is obvious from the provisions of the statute and the common law doctrines that the duty to provide a safe place of work imposes upon the employer a duty that for all intents and purposes is tantamount to strict liability.  ...Download file to see next pagesRead More
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