Category: health & safety

D Rodgers v Leeds Laser Cutting Ltd: Court of Appeal dismisses landmark Coronavirus case – St Philips Barristers

Posted January 10th, 2023 in chambers articles, coronavirus, health & safety, news, unfair dismissal by sally

‘At the start of the Coronavirus pandemic in March 2020, the employer (via an external professional) carried out a Coronavirus risk assessment to identify areas of risk and put in place measures to protect its staff who worked in a large, ventilated factory space (about five employees in a space the size of half a football pitch). Despite this, on 27 March 2020 Mr Rodgers left the premises and subsequently made it clear to his employer he would not be returning until lockdown eased. A month later, having had no contact from Mr Rodgers, his employer terminated his employment.’

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St Philips Barristers, 20th December 2022

Source: st-philips.com

Children face multiple safeguarding risks at out-of-school settings in England – The Guardian

Posted January 9th, 2023 in children, government departments, health & safety, local government, news, pilot schemes by tracey

‘A government report has identified multiple safeguarding risks at “out-of-school settings” (OOSS), which include sports clubs, tuition centres and uniformed youth groups attended by millions of children across England every week, prompting calls for better oversight of the sector.’

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The Guardian, 9th January 2023

Source: www.theguardian.com

Ombudsman’s decisions and housing conditions claims – Nearly Legal

Posted December 15th, 2022 in complaints, damages, health & safety, housing, news, ombudsmen, repairs by tracey

‘Plunkett v Clarion HA. County Court at Central London. Ms Plunkett was an assured tenant of Clarion, on the Eastfields Estate. She began a claim for disrepair and unfitness for human habitation while in temporary accommodation in a hotel. The defects complained of were primarily leaks to the interior of the flat and outside the front door causing interior damp, significant mould growth, leaks from above, non-functioning ventilation to kitchen and bathroom, and infestation of mice, for periods of two to four years. The existing issues and unfitness for human habitation were confirmed in an independent expert report. Clarion had refused to agree a single joint expert.’

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Nearly Legal, 13th December 2022

Source: nearlylegal.co.uk

Awaab Ishak: Widespread failings at mould death housing group – BBC News

Posted December 15th, 2022 in children, complaints, health & safety, housing, news by tracey

‘A government regulator has found “widespread failings” at the housing association that rented out a mouldy flat to the family of Awaab Ishak.’

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BBC News, 15th December 2022

Source: www.bbc.co.uk

Doctors raise safety fears at Birmingham hospitals – BBC News

Posted December 2nd, 2022 in doctors, health & safety, hospitals, news, whistleblowers by tracey

‘Whistleblowers at one of England’s worst performing hospital trusts have said a climate of fear among staff is putting patients at risk.’

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BBC News, 1st December 2022

Source: www.bbc.co.uk

Awaab Ishak’s death shed light on a social housing scandal. Now we have a brief chance to fix it – The Guardian

Posted November 23rd, 2022 in barristers, causing death of children or vulnerable adults, children, families, health & safety, housing, inquests, landlord & tenant, news, repairs by sally

‘A two-year-old died after exposure to mould in his house in Rochdale. We must ensure no other family suffers like this.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

Awaab Ishak: The Right To An Adequate Standard Of Living Should Prevent Such Deaths – Each Other

Posted November 22nd, 2022 in causing death of children or vulnerable adults, children, health & safety, housing, human rights, inquests, landlord & tenant, news by sally

‘Awaab Ishak, a two-year-old boy from Rochdale, Greater Manchester, died in 2020 from a severe respiratory condition caused by prolonged exposure to mould in his home, an inquest has heard. The right to an adequate standard of living – which includes decent housing conditions – ought to protect people in the UK from living in a home which causes them harm.’

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Each Other, 21st November 2022

Source: eachother.org.uk

Racial inequality hard-wired into housing system in England, study finds – The Guardian

Posted November 21st, 2022 in causing death of children or vulnerable adults, equality, health & safety, homelessness, housing, landlord & tenant, news, race discrimination, racism by tracey

‘One in three black people who have experienced homelessness have also faced racial discrimination from a landlord, six times more than the general population of those who had struggled for shelter, a study reveals.’

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The Guardian, 21st November 2022

Source: www.theguardian.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship – Practical Law: Construction Blog

Posted November 17th, 2022 in building law, construction industry, health & safety, housing, landlord & tenant, news, repairs by tracey

‘The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building safety issues, so that the risk of such costs could no longer be the subject of agreement between landlord and tenant, but would (in defined circumstances) be apportioned in advance, by law, to the landlord.’

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Practical Law: Construction Blog, 16th November 2022

Source: constructionblog.practicallaw.com

An Avoidable Death – Nearly Legal

Posted November 16th, 2022 in fire, health & safety, inquests, inquiries, news by sally

‘“Every death was avoidable” said Richard Millett KC at the closing submission to the Grenfell Inquiry. Now we know from the inquest verdict into the death of two year old Awaab Ishak’s that this death was also thoroughly avoidable,and we know the catalogue of failures that caused the tragedy.’

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Nearly Legal, 15th November 2022

Source: nearlylegal.co.uk

Waking watch costs and flawed reports – Nearly Legal

Posted November 14th, 2022 in fire, health & safety, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT – SERVICE CHARGES – whether reasonably incurred – costs of a waking watch) (2022) UKUT 282 (LC). An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably incurred by the landlord and so not recoverable under the service charge.’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

Landlord was warned of mould that killed toddler in Rochdale flat – The Guardian

Posted November 9th, 2022 in causing death of children or vulnerable adults, children, environmental health, health & safety, housing, inquests, landlord & tenant, news by sally

‘A health visitor wrote to housing officials expressing concern about conditions in a rented flat months before a two-year-old died after his exposure to mould.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Borough council prosecution secures £200k fine after metal object found in Krispy Kreme doughnut – Local Government Lawyer

Posted September 27th, 2022 in fines, food hygiene, health & safety, local government, news, prosecutions by sally

‘Melton Borough Council has prosecuted Krispy Kreme UK for three offences of food hygiene and safety after a sharp piece of metal was found in a doughnut.’

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Local Government Lawyer, 26th September 2022

Source: www.localgovernmentlawyer.co.uk

High Court gives go-ahead for judicial review of Home Office decision not to implement recommendation on emergency evacuation plans for disabled residents – Local Government Lawyer

Posted September 20th, 2022 in disabled persons, fire, government departments, health & safety, news by tracey

‘The High Court has agreed to hear a judicial review over the Home Office’s decision not to implement a recommendation from the Chair of the Grenfell Tower Inquiry for personal emergency evacuation plans for disabled people living in tower blocks.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Regulator of Social Housing finds council in breach of Home Standard over failure to conduct health and safety assessments in thousands of homes – Local Government Lawyer

Posted September 5th, 2022 in health & safety, housing, local government, news by tracey

‘The Royal Borough of Greenwich has breached the Home Standard and, as a consequence, there was potential for serious detriment to tenants, the Regulator of Social Housing (RSH) has concluded.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

When Code and RAMS Collide – Local Government Lawyer

Posted August 30th, 2022 in codes of practice, health & safety, local government, news, statutory duty, telecommunications by tracey

‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Cladding and fire safety: more reaction to Martlet v Mulalley – Practical Law: Construction Blog

Posted August 26th, 2022 in building law, construction industry, fire, health & safety, housing, news by tracey

‘At the end of last month, Tom Coulson and Amy Armitage discussed the decision of Martlet Homes Ltd v Mulalley & Co Ltd, the first decision from the TCC on fire safety defects following the Grenfell Tower tragedy. This decision is highly significant for the construction industry, given the number of similar cases which are either progressing through the courts or at the pre-action stage. Although the judge emphasised the fact-specific nature of the dispute, this decision provided some insight on the court’s likely approach to some of the significant issues that affect cladding disputes.’

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Practical Law: Construction Blog , 24th August 2022

Source: constructionblog.practicallaw.com

Employer’s Liability after the Enterprise and Regulatory Reform Act 2013: The Latest – Ropewalk Chambers

Posted August 16th, 2022 in accidents, employment, health & safety, news, statutory duty by sally

‘The passing of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of section 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to employees injured in accidents at work.’

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Ropewalk Chambers, 28th July 2022

Source: www.ropewalk.co.uk

The High Court’s approach to cladding claims – Local Government Lawyer

Posted August 4th, 2022 in construction industry, contracts, defective premises, fire, health & safety, news by tracey

‘Judith Hopper and William Cursham analyse a recent ruling where a High Court judge awarded a housing association substantial damages in a claim relating to defective cladding.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

TCC’s judgment in Martlet v Mulalley, a cladding fire safety dispute – Practical Law: Construction Blog

Posted August 2nd, 2022 in construction industry, contracts, defective premises, fire, health & safety, news by tracey

‘Cladding disputes have been ubiquitous in recent years. They are a consequence of the tragic fire at Grenfell Tower in June 2017, which led to a wave of inspections, investigations and scrutiny across the UK as building owners sought to ascertain whether or not their buildings were similarly defective. That process has resulted in numerous disputes relating to all sorts of different buildings – whether residential or commercial, old or new, publicly owned or private developments – which have kept practitioners extremely busy over the past five years.’

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Practical Law: Construction Blog, 28th July 2022

Source: constructionblog.practicallaw.com