employer's liability

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employer's liability

a convenient term to group together those aspects of the law, mainly the law of tort or delict or contract, relating to the liability of the employer to his work force. More usually, it is applied narrowly to the liability in tort to take reasonable care for the employee's safety. At one time, for reasons that no longer apply, it was important to define this closely, and it was said to be a threefold duty comprising the provision of safe plant and equipment, a duty to provide competent fellow employees and a duty to provide a safe system of work. Now there is an overall duty to take care, even of the employee's mental health. The term, however, also applies quite legitimately to statutory protection by way of criminal penalties or provisions from which a case can be based upon statutory duty.

Thus, beginning with the Employer's Liability Act 1880 and through to the present there are many provisions that provide protection for employees or an even wider class of workers. The detail of the law is increasingly set by European directives incorporated into UK law. Many of these regulations, unlike the Act itself, have effect to create civil liability. The standard to provide care can often be strict liability or even an absolute liability.

The employer's primary liability for failing to look after his workers is entirely different from an employer's VICARIOUS LIABILITY for his employees' acts.

References in periodicals archive ?
The firm said that it is launching public and products liability insurance in the United Kingdom, Ireland and Southern Europe, and employer's liability insurance in the United Kingdom and Ireland.
Employer's liability insurance and motor third-party liability insurance are key compulsory insurance classes in Cyprus.
Flint Group's Willstaett, Germany site has received the Employer's Liability Insurance Association Work-Safety-Health 2012 award for the chemical industry in Germany.
Mr Maddocks, of Irwin Mitchell, said Mr Bradshaw's case was an example of why the Government must continue with its plans to set up an Employer's Liability Insurance Bureau.
Is there a minimum amount of employer's liability insurance that must be taken out?
The standard workers' compensation and employer's liability insurance policy provides that the insurer will pay all sums that the named insured employer legally must pay as damages for consequential bodily injury to a child of the injured employee, provided that these damages are the direct consequence of bodily injury to the employee in the course of employment.
Employers would need to check the terms of their employer's liability insurance policy since many existing policies will not cover claims made under the Act.
Public and employer's liability insurance is essential to cover them in case of trips or falls.
Everyone recognises that, if someone has a serious accident at work and the employer is at fault, a claim should be made against the employer's liability insurance," says Michelle Haste, a solicitor specialising in employment law at Jones Day Gouldens.
The talks follow claims that soaring employer's liability insurance premiums are threatening many small and medium businesses in ``high risk'' sectors such as building, transport maintenance and mining.

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