4.2.1 Breach of Statutory Duty - Introduction

Welcome to the second lesson of the fourth topic in this module guide – Breach of Statutory Duty! There is a large body of statute which regulates employers’ duties to employees, and this operates alongside the common law. The laws are not consolidated but there are general rules to be applied when discerning whether liability has arisen in this context. At the end of this section, you should be comfortable understanding some of the statutory regimes that apply to employers and how to establish a tortious breach under them.

This section begins by defining the duties owed under the Health and Safety at Work etc. Act 1974 and European Law. It then discusses how one can establish a tortious breach and how to determine whether a statutes provisions are actionable. It concludes with a discussion of the defences available to employers.

Goals for this section:

  • To understand what personal duties of employers are owed to their employees under statute.

Objectives for this section:

  • To be able to establish a tortious breach under an applicable statutory provision.
  • To be able to define how the courts have interpreted whether a statutory duty has arisen, whether it has been breached, what damage it has caused, and whether causation has been established so that a claim in negligence may be successful.
  • To be able to discuss potential defences to statutory employers’ personal liability.

Start the Lecture

We have three lengths of lecture to suit varying study needs. Select one of the options below to get started (if you have already chosen a study level you will see the option highlighted in violet):

Summary Notes Standard Lecture Detailed Lecture

Problem Questions

Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below:

Hands on Examples