Source: All England Reporter
Publisher Citation: [2002] All ER (D) 303 (Jul)
Neutral Citation: [2002] EWCA Civ 1010
Court: Court of Appeal, Civil Division
Judge:

Simon Brown and Brooke LJJ

Representation Satinder Hunjan QC (instructed by Rowley Ashworth) for the claimant.
  Simon Beard (instructed by Chapman Everatt) for the defendant.
Judgment Dates: 22 July 2002

Catchwords

Master and Servant - Duty of master - Employment of servant - Employment only possible at some risk to health of servant - Employer's works doctor finding servant unfit to continue in employment - Servant continuing in employment - Whether duty on master to refuse to dismiss servant.

The Case

The principal consideration in determining whether or not any particular case fell within the established principle in Withers v Perry Chain Co Ltd that there was no legal duty upon an employer to prevent an adult employee from doing work which he or she was willing to do, had to be the actual nature and extent of the known risk.

Practice Areas

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