| Commentary

(a) Safety generally

| Commentary

(5)     Duty of care

The employer owes a duty of care in tort to its employee on ordinary principles; a coterminous duty may also be found in an implied term in the contract of employment. Normally, this will arise where the employee has suffered personal injury at work, which is covered below, and it remains the case that in general there is no duty of care to protect the employee's economic interests (Rihan v Ernst & Young Global Ltd [2020] EWHC 901 (QB)). However, it is in the nature of the common law tort of negligence that there can always be arguments for its application to novel situations ('The categories of negligence are never closed'); one example in employment law has been its extension to the giving of references by the

To continue reading
Analyse the law and clarify obscure passages all within a practical context.