The force of law – punishment and compensation

Types & Sources of Law

To avoid confusion between criminal and civil law…

For this section, content relating to criminal law will be colour coded blue and content relating to civil law will be colour coded red.

Criminal Law

The framework of criminal health and safety legislation in the UK is illustrated below:

Framework of criminal health and safety legislation in the UK (sample only)

Civil Law Liabilities

When an employee is injured at work and seeks to make a personal injury claim the employee may sue under the tort/delict of negligence, or the tort/delict of breach of statutory duty.



3 thoughts on “The force of law – punishment and compensation”

  1. Please I would love to know the appropriate way to answer this questions with 8 answers and their examples, thus:

    “What are the main common law duties of an employer AND give an example of how EACH can be met. (8)?’.

    Reply
    • Hi Daniel,
      This style of question is being phased out by NEBOSH, to be replaced by the more research-centric open book question style. We’ve kept them in the course content though, more as exercises than exam question practice.
      With that said, to answer this question, a good approach would be to use two columns. Column 1 for the common law duty and column 2 for the example of how the duty could be met. See below for an example.

      provision of safe and suitable plant and equipment | by purchasing suitable equipment for the work at hand and carrying out regular maintenance checks on it

      provision of safe systems of work, with adequate supervision and instruction | by developing method statements for safety-critical tasks and ensuring employees understand them via appropriate workplace training

      provision of safe premises, including safe access and egress | by ensuring there is an adequate number of fire exits and that they are not blocked by equipment etc.

      provision of safe and competent employees | by putting all new starters through a comprehensive induction training programme and providing regular refresher training where necessary.

      The way the points would have worked for this type of question would be 1 point for the common law duty and 1 point for the example. So, 4 common law duties would be required, along with an example for each in order to get the full marks available.

      Hope that helps,
      Adam.

      Reply
      • Wow! Thanks so much for this masterpiece, Adam. This is really helpful and insightful.

        Kind regards,
        Daniel.

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