BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL

Accidents at Work and Loss of Earnings Claims

The precise impact of the ERRA upon liability is still very much open to debate.  Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015.

THE CASE

The pursuer (claimant to those in E&W) was employed by the defendant as a shop assistant. She was was provided with a dalek footstool to allow her to reach high racks. Whilst she was working hanging clothes on hooks some 7 feet off the floor she fell and suffered injury.

KEY POINTS

  • The Regulations made under the Health and Safety at Work Act remain in force and remain relevant as evidence of standards expected of employers in civil cases.
  • On the facts of this case any breach by the employer was not causative of the injury.

THE CAUSE OF THE FALL

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2 comments

  1. […] Gordon exall considered the effects of the Enterprise and Regulatory Reform Act 2013 in Breaches of Statutory Duty After the Enterprise and Regulatory Reform Act 2013: A Scottish Decision:… […]

  2. […] Exall considered the effects of the Enterprise and Regulatory Reform Act 2013 inBreaches of Statutory Duty After the Enterprise and Regulatory Reform Act 2013: A Scottish Decision:… (June […]

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