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25 November 2010 / Karen O’Sullivan
Issue: 7443 / Categories: Features , Health & safety , LexisPSL
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Risky business

Karen O’Sullivan considers the suitability of protective equipment

Health and safety legislation has been making the headlines in recent weeks, thanks to Lord Young’s report into the “compensation culture”. While recognising the huge advances which have been made in workplace safety since the Health and Safety at Work (etc) Act 1974 Lord Young notes that employers are increasingly concerned about being sued for health and safety breaches and that there has been an overzealous application of workplace legislation by some health and safety “experts”. This has resulted in health and safety obligations for employers which are too onerous and do little to protect their employees from the risk of injury.

With the media’s view being that the UK’s health and safety polices have gone too far it is perhaps fortuitous timing that the Court of Appeal have just published a judgment which neatly demonstrates why  comprehensive risk assessments need to be carried out in the workplace and the necessity for appropriate protective equipment to be provided to employees.

Threlfall

In Threlfall v Hull [2010] All ER (D) 184 (Oct), Mr Threlfall’s employers had carried

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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