''Wilsons and Clyde Coal Ltd v English''
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UKHL 2is a UK labour law">937
UKHL 2is a UK labour law case concerning the employer's duty to provide a safe system of work for all its employees.
Facts
Mr English was employed at Wilsons & Clyde Coal Co Ltd's colliery at Glencraig from 27 March 1933. He was repairing an airway leading off the Mine Jigger Brae, a main haulage road. Between 1:30pm and 2pm he was going to the pit bottom and the haulage plant was put in motion. He tried to escape through one of the manholes, but was caught by a rake of hutches and crushed between it and the side of the road. His family claimed damages. The company claimed that Mr English's own negligence contributed to his death, because he should have told the person in charge of the machinery, or taken an alternative route
Judgment
House of Lords held unanimously that an employer has a non delegable duty to create a safe system of work. Even if an employer gives that duty to another person, they still remain accountable for workplace safety.
Lord Atkin said he concurred with the other Lordships, and particularly with opinions given by the ‘Lord President in this case, and by the Lord Justice-Clerk in ''
Bain v Fife Coal Co'' on the English case of ''
Fanton v Denville''.
Lord Thankerton gave a longer judgment saying,
938
Year 938 ( CMXXXVIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – The Hungarian army invades Northern Italy with the permission of King H ...
AC 57, 67 ‘when a workman contracts to do work, he is not to be held as having agreed to hold the master immune from the latter’s liability for want of due care in the provision of a reasonably safe system of working.’
Lord Macmillan gave a short judgment concurring with Lord Thankerton, the Lord President in the present case and by Lord Justice-Clerk Aitchison.
Lord Wright gave a longer judgment.
Lord Maugham delivered a short concurring judgment.
See also
*
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
Unfair dismissal In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Situation per country
Australia
(See: '' unfair dismissal in Australia'')
Australia has long-standing ...
Notes
References
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{{DEFAULTSORT:Wilsons and Clyde Coal Co Ltd v English
United Kingdom labour case law
House of Lords cases
1937 in case law
1937 in British law
United Kingdom employment contract case law