Employees Engaging in Dangerous Practices in the Workplace

Posted in : Eversheds HR Speed Brief on 17 September 2013
Anna Broderick
Issues covered:

Smith v Health Service Executive [2013] 7 JIC 2602

The High Court’s recent decision in Smith v Health Service Executive will be of interest to both employers and those involved in litigation generally, for two reasons.

First, it confirms that although employers can be held liable for standing by and failing to intervene while employees engage in dangerous practices in the workplace, a court may reduce any award of damages given to an employee by reason of contributory negligence where the dangerous practice was commenced by the employee. This should serve as a reminder to employers of the importance of maintaining a robust health and safety at work policy and ensuring the

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Anna Broderick

The main content of this article was provided by Anna Broderick . Contact telephone number is +353 1 664 4200 or email AnnaBroderick@eversheds.ie

View all articles by Anna Broderick