The Global Scope of Employer's Liability - Jack Harding, 1 Chancery Lane
18/02/15. It is trite law that an employer’s duty to its employees is non-delegable. The duty is to take reasonable care to see that the employee is not exposed to unnecessary risk. In the vast majority of cases, the scope and content of this duty will be easy to define, since the accident will have occurred on premises owned or controlled by the Defendant. In perhaps a minority of cases, the accident will occur whilst the employee is visiting other premises, for example to pick up or deliver goods. Again, although the standard of care required may be lower, the employer is not divested of its obligation to take reasonable care, whether through devising a safe system of work or ensuring that the employee has available proper and safe equipment.
What, however, is the case where the employee is sent abroad, in the course of his employment? To what extent does the employer owe a duty in circumstances where it cannot sensibly be said that it owns or controls either the transport used or the premises visited?
The leading authority on this point remains the court of appeal’s decision in...
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