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Association of British Insurers made a statement following the result in which they said
that this was a special case and that normally they would not pursue employees through
the courts in this way.
The Employer's Common Law & Statutory Duties
Common Law: is a part of the English law not embodied in legislation. It consists of rules
of law based on common custom and usage and on judicial (court) decisions. English
common law became the basis of law in the USA and many other English-speaking
countries.
Common law developed after the Norman Conquest 1066 as the law common to the
whole of England, rather than local law.
As the court system became established under Henry II in the 12th century, and judge’s
decisions became recorded in law reports, the doctrine of precedent developed. This
means that, in deciding a particular case, the court must have regard to the principles of
law laid down in earlier reported cases on the same or similar points, although the law
may be extended or varied if the facts of the particular case are sufficiently different.
Hence, common law (sometimes called case law or judge-made law) keeps the law in
harmony with the needs of the community where no legislation is applicable or where
the legislation requires.
Common Law Duties: The employer's duty to their employees is commonly dealt with
under four headings, the provision of:
1.
competent staff;
2.
a safe place of work;
3.
proper plant and equipment;
4.
safe system of work.
These are simply aspects of the broader duty to see that reasonable care for the safety
of employees is taken.
Note: under the doctrine of common employment (which is mentioned in some of the
cases below) at common law a master was not liable for the negligent harm resulting
from the action of one of his servants towards a fellow-servant engaged in a common
employment at the time of the accident. The doctrine was abolished by the Law Reform
(
Personal Injuries) Act 1948.
