Introduction to Business Law Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for references. How‚ if at all‚ does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Candidate number: 122970 Seminar Tutor:David Davies Module
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Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions: Business corporations are instituted for the primary purpose of economic gain. Often‚ as the pressure to show impressive profits in each financial quarter increases‚ it is the workforce who are put under undue stress. Ranging from unreasonably high productivity standards
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Employers Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable
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NEGLIGENCE: THE EMPLOYER’S DUTIES Employers Liability in Negligence • May be personally liable to employees who injure themselves. • May be personally liable to employees who are injured by another employee or sometimes by an independent contractor employed by the employer. • May be vicariously liable if one employee is injured by another employee. NOTE: • Employees may also be able to recover from statutory workers compensation schemes. • Employees’ rights at common law may be restricted by the
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Your employer duties What you’ll need to do on your staging date Based on your answers‚ here is a summary of what your new employer duties are likely to be. Over £9‚440 Aged 22 to state pension age‚ earning over £9‚440 a year You must automatically enrol these staff into a pension scheme. You can find out more about the process in the ’How to automatically enrol your staff’ tool. ________________________________________ £9‚440 or less Aged 16 to 74‚ earning over £5‚668 up to £9‚440 a
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Running head: EMPLOYER AND EMPLOYEE REGULATIONS Employer and Employee Relations Jeffrey Cox‚ Alicia Hill‚ Theresa Kirkwood‚ Lisa Layne‚ Christopher Mead‚ & Matthew Sanders University of Phoenix Online MGT/434 Jennifer Schneider March 15‚ 2010 Employer and Employee Relations Employers face many challenges within the workplace but federal laws and regulatory agencies exist to ensure that employers’ are correctly operating
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In tort law‚ a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn‚ breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of
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Duty of Care: GELERAL Week 2::Seminar 2 This concept is based on three proof of elements‚ its ingredients are – A legal Duty of D towards the C to exercise care in such conduct of D as falls within the scope of the duty‚ Breach of that Duty means failure to come up to the standard required by law & Consequential damage to C which can be attributed to D’s conduct. Duty of Care General: Duty is the primary control device which allows the courts to keep liability for negligence within what
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Critically evaluate the case for social partnership between unions and employers The concept of social partnership originates from the Rhenish model of industrial relations. It has passed in to the British lexicon through the European Union. At a European level the social partners are trade unions and employers federations. However in the UK the employers peak federation the CBI has indicated that it is unwilling to fulfil such a role at a national level. Instead the Anglo-Saxon model of social
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The duty of care and the search for certainty: Sullivan v Moody‚ Cooper v Hobart‚ and problems in the South Pacific. Andrew Barker In this article‚ Andrew Barker‚ from the Faculty of Law at the University of Otago‚ considers two recent decisions on the duty of care in negligence: Sullivan v Moody‚ from the High Court of Australia‚ and Cooper v Hobart‚ from the Supreme Court of Canada. In these decisions‚ the two courts have re-evaluated their approach to the duty of care in negligence‚ and suggested
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