R v Associated Octel Co Ltd [1995] ICR 281; [1996] UKHL 1

Health And Safety: Unhealthy decisions

Michael Scott and Danielle Lodge question the wisdom of outsourcing health and safety responsibilities In any facilities management outsourcing project, the customer should accept it is not possible, nor advisable, to seek to transfer all health and safety risks to the service provider.In this article we question the wisdom of customers seeking to outsource their …

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Health And Safety At Work: Not just a fine

Hilary Ross discusses the fining of Marks and Spencers ‘The M&S case shows us that one of the thorniest scenarios is where there is a degree of overlap between the operations of the customer and the supplier. In such cases, it is essential to ensure that all potential issues are identified and each party’s role …

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Occupiers And Contractors: Who owns the duty of care?

Andrea Tithecott examines recent cases where the Court of Appeal has considered the duties of occupiers where contractors have been appointed to carry out work ‘The House of Lords in Octel ruled that s3 HSWA imposes a direct duty on the employer defined with reference to the conduct of the undertaking. This duty cannot be …

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