Lesson 1: Overview of Occupational Health & Safety Law
3 major legal sources relevant to UK employment
- Common Law: The body of unwritten laws developed through historical decision from judges and precedent
- Statue Law e.g. legislation
- European directives
Common law
- Employers have implied duty to take reasonable care of all their employees
- Standard of care expected of a medical professional is set out in a case called the Bolam test- a doctor canu2019t be held negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical opinion
- Common law confidentiality: legal obligation that prevents disclosure of personal information shared in confidence without legal justification or authority
Difference between criminal and civil law
- Criminal law: the law of crimes and their punishments
- Cases brought by government where outcome is to bring offenders to justice & requires proof beyond a reasonable doubt
- HASAWA: If there is a breach in this act then considered criminal as HSE is government
- Civil law: The law of civil or private rights
- Involves private citizens where outcome is to compensate injured party
- Proof: weight of evidence
- Examples of claims are negligence or damage
Hierarchy of legislation
- The most important weighting is giving to acts, followed by regulations, followed by codes of practice and finally by guidance material (standards)