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26 October 2012 / Colm Nugent
Issue: 7535 / Categories: Features , Personal injury
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The long haul

What liability does an employer carry for accidents resulting from excessive working hours, asks Colm Nugent

British workers put in some of the longest hours in Europe, despite the Working Time Directive. So what if a worker injures himself or others in a tiredness-related traffic accident?

Could he or other victims sue the employer or contractor? Might the Road Traffic Act insurers seek to pass off some or all of the damage onto the employer’s/contractor’s insurers? In this article “workers” include employees and self-employed; “employers” include contractors.

For a viable claim, the employer’s duty of care must extend beyond the workplace into the worker’s time away from work. But would the claim meet the tests of proximity in Caparo Industries v Dickman [1990] 2 AC 605—that it is fair, just and reasonable to impose a duty, and reasonable foresight of harm?

The extent and standard of duty must be defined and the standard of the employer’s care must be reasonable in all the circumstances. Negligence has been defined (in an employment context) as “the omission to do something which a reasonable man, guided upon

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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