Health & Safety

Law Categories

HM Prison Service v Salmon (IRLR 425 EAT)

A tribunal can award you damages for both physical/psychiatric injury and injury to feelings if you can prove the injury to feeling.

Parkins v SODEXHO Ltd (2002 IRLR 109)

A legal obligation that arises under an individual’s contract of employment is no different from any other form of legal obligation and a protected disclosure might be possible.

Arthur v London Eastern Railway Ltd (T/A One Stansted Express) (CA 25 Oct 2006)

An asserted series of similar acts, the acts which are individually out of time should not be struck out at a preliminary hearing on submissions based on this fact alone.

O’Neill v Buckinghamshire County Council (2010 UKEAT/0020/09)

Without evidence that their work involves a risk to their health and safety, pregnant workers are not automatically entitled to a work assessment.

Madarassy v Nomura International plc (2007 EWCA Civ 33; 2007 IRLR 246)

Facts must be such that a reasonable tribunal, having heard all the evidence from both sides, could conclude that the respondent committed (not merely "could have committed") the discriminatory act.

Day v Pickles Farms Ltd (1999 IRLR 217)

An employer should not wait for written notification of an employee's pregnancy before carrying out a risk assessment.

Collins v First Quench Retailing Ltd (31 January 2003, Court of Session, 2003 GWD126)

An employer might be held responsible for not properly assessing risks and putting reasonable measures in place to protect employees.

Horkulak v Cantor Fitzgerald International (2004 IRLR 942 CA)

Foul language in the workplace might be deemed unacceptable if an independent third party would view the situation that way. Regular use of foul and abusive language does not make it acceptable.

Morrow v Safeway Stores (2002 IRLR 9)

If an employer breaks the "mutual trust and confidence" a member of staff may be justified in treating himself or herself as constructive dismissed without necessarily first trying to resolve matters through a grievance procedure.

Intel Incorporation (UK) Ltd v Daw (Court of Appeal 2007)

An employer might be held liable even without knowing that an employee is susceptible to work-related depression if they are aware of the excessive workload itself. Employers must act on grievances received.
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