One ITL, the Chambers of Marion Smullen, are delighted to announce that with effect from 1st January 2017 we will be merging with the Chambers of William Mousley QC at 2 Kings Bench Walk.


Our new contact details are 020 7353 1746 / email clerks@2kbw.com / website www.2kbw.com

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Health & Safety At Work


Employers have a duty of care imposed upon them to protect their employees. Employers must, amongst other obligations, provide a safe place of work, provide a safe system of work and provide adequate plant and equipment.

If an employer fails to take reasonable care in respect of the same, then an employee may have an ability to resign and claim constructive dismissal. An employer may also face criminal prosecution and claims in personal injury.

Employers must be alive to complaints made by their staff in this area and take their concerns seriously. To that end, employees would be well advised not to resign from their employment if they have concerns about dangerous conditions, without first raising those concerns with management. If an employee is sacked soon thereafter, then a finding of unfair dismissal is likely on the basis that the employee has been sacked as a result of raising those concerns and not for some other good reason. To that end, employers must ensure that their employees know how the company manages health and safety and if there are five or more employees then there must be a written health and safety policy and risk assessment in place. It would be advisable for there to be written into the same is a clear process for staff to raise concerns about their working environment.

Members of Chambers are able to assist in offering pragmatic and commercially viable advice to employers on health and safety law, as well as being able to act on behalf of both claimants and defendants in any related unfair or constructive dismissal claim. Chambers builds upon its experienced gained in defending criminal prosecutions brought in this area, together with trading standards, and defending in complex and novel sub-categories such as breaches of the working at height regulations.

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