Employer Liability, Risk Assessment, and Fault Principle

Abstract

ABSTRACTThe UK Enterprise and Regulatory Reform Act 2013 (ERRA), section 69 has ensured that claims can only succeed on the civil burden of proof (balance of probabilities) that the employer has been negligent. The act also impacts on environmental liability and its “green purposes” are set out in chapter 24, part 1, which compel the employer to take measures in accordance with the Kyoto Protocol and encourage biodiversity. The broader framework of tort liability in this area of employer/employee relationship needs exploration to determine if such a policy-based approach is likely to make much difference given the tendency of courts to regard a breach of a worker-protective statute as evidence of fault. It is an important question for industry in common law jurisdictions because employers are likely to estimate their liabilities based on cost/benefit ratio in the work-place and invest in a safer premises under a fault-based system.