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NHS trust in landmark prosecution

Article Abstract:

The HSE's prosecution of the NHS trust of Swindon and Marlborough is significant because it was for an overall lack of health and safety management rather than for a particular accident. The prosecution was the follow-up of a inspection conducted in Sep 23-26, 1996. The inspection revealed a lack of health and safety policy and the NHS pleaded guilty to reg. 4 of Management of Health and Safety at Work Regulations 1992. The trust was fined 4000 pound sterling and it had to pay the cost of 1720 pound sterling.

Publisher: Eclipse Publications Ltd.
Publication Name: Health and Safety Bulletin
Subject: Law
ISSN: 1358-2208
Year: 1997
United Kingdom. Health and Safety Executive

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Smoky office breaches duty to protect welfare of employee

Article Abstract:

The Employment Appeal Tribunal's ruling in Waltons & Morse v Dorrington holds the employer responsible for providing a suitable working environment for employees. Jill Dorrington's resignation from her company because of a smoky environment and her claim of unfair constructive dismissal was considered valid. The issue was not so much whether it was a unhealthy environment and so this ruling is more about employer's responsibility for employees welfare rather than health and safety.

Publisher: Eclipse Publications Ltd.
Publication Name: Health and Safety Bulletin
Subject: Law
ISSN: 1358-2208
Year: 1997
Workplace smoking

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Employer's failure to assess pregnancy risks leads to maternity suspension

Article Abstract:

A UK industrial tribunal ruled employers are obligated to properly assess workplace health risks to pregnant workers and not force them to take sick leave to avoid such risks. The tribunal ruled the employer, who had not previously assessed the risk, should have handled the situation as a suspension with full pay. The mandate to handle such situations as maternity suspensions underscores the obligation of an employer to minimize an employee's loss of earnings due to pregnancy.

Publisher: Eclipse Publications Ltd.
Publication Name: Health and Safety Bulletin
Subject: Law
ISSN: 1358-2208
Year: 1997
Employment, Pregnant women, Sick leave

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Subjects list: United Kingdom, Cases, Occupational health and safety, Occupational safety and health
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