employers' liability


employers' 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: English v . Wilsons & Clyde Coal Co. 1937 SC (HL) 46. Now there is an overall duty to take care, even of the employee's mental health: Walker v. Northumberland County Council [1995] 1 All ER 737. 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 Health and Safety at Work Act 1974, 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 by regulations under the 1974 Act. 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: Summers v . Frost [1955] AC 740.
The employer's primary liability for failing to look after his workers is entirely different from an employer being held vicariously liable (See vicarious liability) for his employees' acts.

Collins dictionary of law. . 2001.

Look at other dictionaries:

  • employers' liability — Responsibility of employers to their servants for the negligence of those to whom they have delegated their authority • • • Main Entry: ↑liable …   Useful english dictionary

  • employers liability — addition to an employee s salary which an employer must allocate in a manner which benefits the employee …   English contemporary dictionary

  • employers' liability policy — ➔ insurance policy …   Financial and business terms

  • employers' liability acts — Statutes in reference to an employer s liability for negligence resulting in injury to an employee, the most of which abrogate the fellow servant doctrine and limit the defenses of contributory negligence and the doctrine of assumption of risk… …   Ballentine's law dictionary

  • employers' liability acts — Statutes (e.g., Federal Employer s Liability Act; Workers Compensation Acts) defining or limiting the occasions and the extent to which public and private employers shall be liable in damages (compensation) for injuries to their employees… …   Black's law dictionary

  • employers' liability acts — Statutes (e.g., Federal Employer s Liability Act; Workers Compensation Acts) defining or limiting the occasions and the extent to which public and private employers shall be liable in damages (compensation) for injuries to their employees… …   Black's law dictionary

  • employers' liability insurance — An insurance policy covering an employer s legal liability to pay compensation to any of his employees suffering or contracting injury or disease during the course of their work. This type of insurance is compulsory by law for anyone who employs… …   Big dictionary of business and management

  • employers' liability insurance — Insurance which protects an employer against liability for the death or injury of an employee occurring within the scope of the employment. 29A Am J Rev ed Ins § 1351. See workmen s compensation insurance …   Ballentine's law dictionary

  • employers’ liability insurance — /ɪmˌplɔɪəz ˌlaɪə bɪlɪti ɪnˌʃυərəns/ noun insurance to cover accidents which may happen at work, and for which the company may be responsible …   Marketing dictionary in english

  • employers’ liability insurance — /ɪmˌplɔɪəz ˌlaɪə bɪlɪti ɪnˌʃυərəns/ noun insurance to cover accidents which may happen at work, and for which the company may be responsible …   Dictionary of banking and finance


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