Source: All England Reporter
Publisher Citation: [2001] All ER (D) 304 (Feb)
Court: Queen's Bench Division
Judge:

Judge Graham Jones sitting as a judge of the High Court

Representation George Gadney (instructed by Green & Green, Bury St Edmonds) for the claimant.
  Richard Nussey (instructed by Williams Davies Meltzer) for the defendant.
Judgment Dates: 23 February 2001

Catchwords

Health and safety at work - Employer's duties - Duty to employees - Duty to ensure employee's health safety and welfare at work - Employee being given contract to work in Western Africa - Employer failing to advise of health risks - Employee contracting malaria and dying - Widow bringing action against employer|| Whether employer under obligation to provide information about health risks.

The Case

The minimum obligations upon an employer whose employees were being hired by a third party abroad were to discover where they were being sent, how they were going to get their and the circumstances and conditions under which the work would be undertaken. An employer was also obliged to ascertain publicly available information in respect of any health hazards an employee could face. Were any risks revealed, an employer had to draw those to the attention of his employees and advise them to take appropriate medical advice.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.