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CELE SQE1 模拟练习

Examination Timing: 00H01M35S

Sarah Thompson, a warehouse operative for Bristol Storage Solutions, was involved in a workplace accident. Her role required climbing tall ladders to access storage racks, a task she was comfortable with given her passion for rock climbing outside of work. On the incident day, as she was ascending the ladder to retrieve an item, her supervisor, John Harris, accidentally bumped into the ladder while hurrying past, causing Sarah to fall and suffer severe injuries. Following the accident, it was established that the ladder was in good condition. Sarah is now considering legal action against her employer for her injuries. 

How liable is the employer in this situation?

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Under the Health and Safety at Work etc. Act 1974, employers have a statutory duty to ensure the health, safety, and welfare at work of all their employees. This duty includes providing a safe system of work and maintaining workplace equipment in a safe condition. In this scenario, even though the ladder was in good condition, the accident was caused by the supervisor’s carelessness—a direct violation of the employer’s duty to ensure a safe system of work.

Key Points:

  1. Employer’s Liability: The employer's duty to provide a safe working environment is not negated by an employee's personal hobbies or willingness to accept risk within their job role.

  2. Negligence and Health and Safety: Liability can arise both from negligence (a breach of duty causing harm) and from statutory duties under health and safety laws. In this case, the employer could be found negligent for failing to ensure that the workplace activities were conducted safely.

  3. Legal Precedents: This aligns with established legal precedents such as Wilsons and Clyde Coal Co. Ltd v English, which emphasise an employer's comprehensive duty to take reasonable care for the safety of their employees.

  4. Comprehensive Employer Duties: These include ensuring proper and safe equipment, a safe place of work, a safe system of working, and competent staff. The supervisor's action shows a lapse in maintaining these standards.



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