Aziz H And S Example

Aziz H And S Example Aziz H And S â€" Case Study Example > ClassUnitIdentify, and explain the significance of, the statutory duties that apply to the situation described (25)Under the law, the employer is expected to take responsibility for the employee health and safety management (Hughes and Ferrett 2011, 9). The employer is expected to do what is reasonably practical to protect employee health and safety welfare. In this situation, the employer was supposed to make sure that the worker was protected from any harm while performing her work duties. This is through effectively working to control risks and injury which may occur at the workplace. In this case, Mrs Erica Preston duty is visiting the service users. This is a work duty that the employer was expected to ensure the employee was secure and her health was catered for (HSE, 2016). According to the case, the housing estate she was visiting is situated in a socially deprived area. This work duty placed Mrs Preston in danger since the chances of crime were high. Another statutory dut y that appears in this situation is Mrs Preston health. At the time of the incidence, Mrs Preston was 23 weeks pregnant. This meant that she was more venerable to attacks which could have affected her health. Under the health and security laws, the employer is expected to assess the risks that can occur in the workplace. Risk assessment by the employer would have prevented Mrs Preston from vising an area prone to crime endangering her health. The employer was supposed to have informed Mrs Preston on the risks in her workplaces and trained her how to deal with them. The employer failed in ensuring health and safety for the employee was catered for (HSE, 2016). The employee suffered health harm while on employment due to employer negligence. The employer failed to ensure that the employee security was well catered for. The employer had exposed the employee to physical harm through understaffing and failing to follow the health and safety laws (HSE, 2016). Review the strengths and we aknesses of the proposed civil action, making reference to the possible defences to the claim that the Council may consider (40)The civil action is based on claim of damages for accident at work. The case document claims that the client (Mrs Erica Preston) was assaulted by unknown person while carrying out her work duty. The defendant claims that the employer is at fault since they failed to ensure that the client was protected from such kind of attack. The injuries suffered by the client are listed as; bruising in the left arm causing significant pain and psychological trauma which led to physical symptoms associated with premature birth leading to more distress to client. StrengthsIt is clear that the client suffered damage due to the employer breach of duty. This makes it reasonable for the client to bring a civil action towards the employer. The statutes are Cleary expressed and action is always recommended for the breach of statutory duty. Employers have a duty of care to the ir employees. This can be proved by the case of Wilsons and Clyde co ltd v. English (1937). On the case, Lord Wright explained that the employers have a duty to take reasonable care to the employees. In this case, the employer failed to take reasonable care for the employee health and safety (Cipd 2006, 6).