Private Law Theory

Introduction
The common law has long taken the view that the employment relationship gives rise to an affirmative duty to protect employees against the risks of employment. The duty acknowledges the employee’s vulnerability and is deeply engrained but, from the employee’s perspective, is subject to very significant limitations. Somewhat counter-intuitively, the risk of psychiatric harm is normally borne by the employee. The employer’s obligations where financial harm is concerned are minimal and, viewed in the round, the common law’s approach to risk allocation does the employee few favours. Given this unpromising landscape, the decision of the Supreme Court in Dryden v Johnson Matthey should be seen as a positive development …

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Douglas Brodie, Employers’ Liability and Allocation of Risk, Industrial Law Journal, dwy017, https://doi.org/10.1093/indlaw/dwy017. Published: 6 July 2018.

First posted 2018-07-10 23:07:03