Category: health & safety

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, duty of care, employment, families, health, health & safety, news by sally

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

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Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

The end of remote voting in Parliament: a backwards move? – Cloisters

Posted June 5th, 2020 in chambers articles, coronavirus, equality, health, health & safety, human rights, news, parliament by sally

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

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Cloisters, 2nd June 2020

Source: www.cloisters.com

Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

Posted June 5th, 2020 in accidents, chambers articles, coronavirus, duty of care, employment, health, health & safety, news, personal injuries by sally

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

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12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

Wrongful dismissal – how not to go wrong: Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA – 3PB

Posted June 5th, 2020 in appeals, chambers articles, employment, employment tribunals, health & safety, negligence, news, unfair dismissal by sally

‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

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Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Anti-racism Protests: What Are Your Rights Amid The Pandemic? – Each Other

Posted June 5th, 2020 in coronavirus, demonstrations, health, health & safety, human rights, news, race discrimination, racism by sally

‘Anti-racism protests are taking place across the UK to demand justice following the death of George Floyd, the unarmed black man killed in US police custody.’

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Each Other, 5th June 2020

Source: eachother.org.uk

Government facing legal action over policies on care homes during COVID-19 crisis – Local Government Lawyer

Posted June 5th, 2020 in bereavement, coronavirus, government departments, health & safety, news by sally

‘A daughter whose father died of suspected COVID-19 in a care home is to launch a legal action “to hold the government to account”.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Returning to work during Covid-19: safety concerns and protections for employees – 1MCB Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news by sally

‘In this blog, employment barristers Michael Sprack and Amrit Bachu identify the obligations on employers to ensure the safety of their workers, particularly workers returning to work during Covid-19, and consider practical steps that workers can take.’

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1MCB Chambers, 19th May 2020

Source: 1mcb.com

Prison visits could resume in July in England and Wales – The Guardian

Posted June 3rd, 2020 in coronavirus, freedom of movement, health, health & safety, mental health, news, prisons by sally

‘Families and friends are expected to be able to visit prisoners from July as part of a wider Covid-19 recovery plan for jails in England and Wales, which have been placed under a severely restrictive regime for nearly three months.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

The Coronavirus and Employers’ Liability for PPE – Part 4: Liability Under EU Directive by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, EC law, employment, health, health & safety, news by sally

‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’

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Ropewalk Chambers, 11th May 2020

Source: www.ropewalk.co.uk

Parents fight in court over whether children should return to school in England – The Guardian

Posted June 3rd, 2020 in children, coronavirus, divorce, families, health, health & safety, news, school children by sally

‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Lockdown rules: what is allowed in England, Scotland, Wales and Northern Ireland – The Guardian

Posted June 3rd, 2020 in coronavirus, emergency powers, employment, freedom of movement, health, health & safety, news by sally

‘The latest coronavirus rules, from Monday 1 June, are plentiful and complicated. This is your ultimate guide.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Doctors to file legal challenge to PPE guidance – Garden Court Chambers

Posted June 2nd, 2020 in coronavirus, doctors, health & safety, judicial review, news, protective equipment by sally

‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’

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Garden Court Chambers, 22nd May 2020

Source: www.gardencourtchambers.co.uk

Prison release schemes almost impossible to deliver, says watchdog – The Guardian

Posted June 1st, 2020 in coronavirus, early release, health, health & safety, Ministry of Justice, news, ombudsmen, prisons, statistics by sally

‘Prisoners in England and Wales have been left confused by high-profile government announcements that led them to believe thousands of inmates would be temporarily released to mitigate the spread of the coronavirus behind bars, a prison deaths watchdog has said.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

The Coronavirus and Employers’ Liability for PPE – Part 3: Liability for Breach of Statutory Duty by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted May 29th, 2020 in coronavirus, employment, health & safety, news, protective equipment, regulations, statutory duty by sally

‘In the context of an employer’s duty to provide PPE to protect against exposure to the novel coronavirus, the focus is likely to be on two sets of domestic health and safety regulations: The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The application of the latter should disapply the former, but the two will be considered together.’

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Ropewalk Chambers, 6th May 2020

Source: www.ropewalk.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 2: Liability at Common Law by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted May 29th, 2020 in coronavirus, duty of care, employment, health & safety, news, protective equipment by sally

‘Employers owe a personal or non-delegable duty of care to their employees at common law, which extends to the provision of PPE. Neill LJ in Crouch -v- British Rail Engineering Ltd [1988] I.R.L.R. 404 said that the extent of the duty in respect of PPE would depend on:

“the risk of injury, the gravity of any injury which may result, the difficulty of providing equipment … the availability of that protective equipment … and the distance which any individual workman might have to go to fetch it, the frequency on which the [claimant] was likely to need that protective clothing or equipment and, last but not least, the experience and degree of skill to be expected of the [claimant].”’

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Ropewalk Chambers, 5th May 2020

Source: www.ropewalk.co.uk

Assessing ‘Likelihood of Harm’ under the Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences – Definitive Guideline – Henderson Chambers

Posted May 26th, 2020 in chambers articles, corporate manslaughter, health & safety, industrial injuries, news by sally

‘A summary of relevant factors and considerations drawn from the leading cases of recent years.’

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Henderson Chambers, 11th May 2020

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New Guidance for Coroners on COVID-19 Deaths and Workplace Exposure – Henderson Chambers

Posted May 21st, 2020 in coronavirus, coroners, health & safety, news by sally

‘Concerns have been raised, not least by the bereaved families of key-workers in the frontline, about the possible link between workplace exposure to coronavirus and COVID-19 deaths. The Chief Coroner has now published his Guidance Note No 37 on whether, and how, coronial investigations into such deaths should be opened. This development highlights the likelihood that Coroners’ Courts will be the first fora in which issues over the adequacy and quality of the protection available to workers (whether by PPE or workplace procedures) will be investigated publicly. Given the significance of such issues, it is essential that organisations are prepared for such investigations and inquests.’

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Henderson Chambers, 10th May 2020

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Transparency and risk assessments : A Covid-Catch 22 – Transparency Project

Posted May 21st, 2020 in coronavirus, courts, health & safety, HM Courts Service, news by sally

‘It is encouraging that HMCTS (Her Majesty’s Courts and Tribunals Service has published their organisational risk assessment, dealing with the broad approach to the assessment of risk around the attendance of public and professionals at court hearings during the Covid-19 outbreak. It is for others to comment on whether the apparent assumption that adherence to a two metre social distancing rule within court buildings will in fact be safe, though we note that some materials suggest that spending long periods of time in a confined room, especially an air conditioned one, is unlikely to be risk free. People can however, make up their own minds about that assessment and whether or not it is wise for them to attend court if not essential.’

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Transparency Project, 20th May 2020

Source: www.transparencyproject.org.uk

“Project Restart” or a false start: can professional sports clubs compel their players to return to the pitch and waive health and safety liability? – Littleton Chambers

Posted May 20th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news, sport by sally

‘As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.’

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Littleton Chambers, 14th May 2020

Source: littletonchambers.com