2B4: Other Law Relevant to HS

1. 2B4: Other Law Relevant to H&S Law of Contract Employment Law Consumer Safety Legislation

2. Contract Terms Express terms: Terms agreed between parties, either verbally or in writing Implied terms: Terms which have been omitted which need to be included for the contract to make sense �Officious Bystander� test: Something so obvious that it goes without saying. If while the parties were making their bargain an officious bystander were to suggest some express provision for it in their agreement, they would suppress him with �Oh, of course�.

3. Disciplinary Procedures Reasons for instigation Poor work performance Poor health Casual absence Misconduct Misconduct Gross Misconduct

4. Remedies for Unfair Dismissal Reinstatement Re-engaged (re-employed in different post) Compensation

5. Discrimination Sex Discrimination Act Race Relations Act 1976 Disability Discrimination Act 1995

6. Lawful Discrimination Race Relations Act 1976 Provision of h&s information in specific languages Head protection requirements for Sikhs wearing turbans Recognition of beards on religious grounds Sex Discrimination Acts 1975 and 1986 Discriminate against women: Control of Lead at Work Regs 1998 Ionising Radiation Regs 1999 MHSWR 99 Disability Discrimination Act 1995 Requirement for employers to make �reasonable� adjustments to premises and equipment used by disabled persons Young Persons Prevent from high-risk activities under MHSWR99

7. Protection for �Whistleblowers� Public Interest Disclosure Act 1998: Amends Employment Rights Act 1996 Illegal to dismiss whistle-blowers, or otherwise treat detrimentally Disclosure must be in the public interest, not for personal gain Employee must reasonably believe that disclosure shows: Criminal offence is being (or likely to be) committed Health and safety is being endangered, or� There is (or will be) damage to the environment There is a deliberate attempt to cover evidence of the above Reasonable for employee to disclose info to safety rep before going public (Employment Rights Act) Cases heard by Employment Tribunals ET can order reinstatement/compensation No minimum period of employment to obtain protection under PIDA

8. Consumer Safety Legislation Consumer Protection Act 1987 Sale and Supply of Goods Act 1994 Unfair Contract Terms Act 1977

9. Consumer Protection Act 1987 Amended Section 6 of HSWA Deals with: Liability for damage caused by defective products Safety of consumer goods Misleading price indications The Act makes it an offence to supply unsafe products Places strict liability on manufacturers for defects in their products - negligence is irrelevant if the goods cause harm Manufacturers are given defence that, at the time of supply, state of scientific and technical knowledge was not such to enable discovery of defect

10. Sale and Supply of Goods Act 1994 Gives private consumer protection in 3 areas: Goods must be of satisfactory quality, fit for normal use and give reasonable service for their price Seller must guarantee that he owns the property and has a legal right to sell Goods must be fit for the purpose the customer has asked the seller for If one of the above is broken, seller is responsible for returning the money. If manufacturer is to blame, seller can claim compensation Customer must claim from seller within reasonable time

11. Sale and Supply of Goods Act 1994 Satisfactory means the quality of goods can be implied from their: State and condition Fitness for purpose Appearance and finish Freedom from minor defects Safety Durability If unsatisfactory nature of goods has been drawn to purchaser�s attention prior to purchase, or should have been identified by examination of goods by buyer prior to purchase, then implied term of �satisfactory quality� does not apply Satisfactory quality only applies to deals between dealer and buyer, not private sales Strict liability, so no need to prove negligence against seller

12. Unfair Contract Terms Act 1977 Only applies to clauses inserted into agreements by commercial concerns or businesses. Private persons may restrict liability as much as they desire Liability for personal injury caused by negligence cannot be excluded by a contract or a notice Liability for other types of loss can be excluded so far as is reasonable Acceptance of a notice or contract does not constitute volentii non fit Injuria

13. Previous Exam Questions Identify and explain the various statutory provisions aimed at preventing discrimination at work and outline the circumstances relevant to health & safety when it may be lawful to discriminate (10 marks) Outline the means whereby, and the extent to which, employment law offers protection to those who disclose information (�whistle-blowers�) relating to their employer�s health & safety standards (10 marks)