Question: For Chris: Discuss how the courts determine in negligence whether there was a duty of care and breach of the duty of care

Expert answer

Derek told Erica that she should not worry, it is fine, and that if she is not happy then she can leave. Three days later, Erica receives a letter telling her that she is dismissed.

Advise the parties below on the UK law of Negligence and Employment Law:

For Chris, the first step in proving negligence is to show that there was a duty of care owed to him by his employer. This is usually determined by looking at the relationship between the parties and assessing whether it would be fair to impose a duty of care. In this case, it is likely that the courts would find that a duty of care was owed as Chris was injured while on company business.

The next step is to show that the employer breached their duty of care. This can be done by showing that they did not take reasonable steps to protect Chris from injury. For example, if they had failed to properly train Derek or put in place adequate health and safety measures, then they may be found to have breached their duty of care.

If Chris can prove that his employer breached their duty of care, then he will need to show that this breach resulted in him suffering an injury. In this case, it is likely that Chris will be able to do this as he was injured while on company business.

The final step is to show that the injury suffered by Chris was reasonably foreseeable. This means that the employer should have been aware that there was a risk of injury and taken steps to prevent it. If the employer could not have reasonably foreseen the injury, then they may not be liable.

For Erica, her main claim would be for unfair dismissal. In order to succeed in an unfair dismissal claim, she would first need to show that she was dismissed by her employer. In this case, it is likely that she would be able to do this as she received a letter telling her that she was dismissed.

The next step is to show that the dismissal was unfair. This can be done by showing that the employer did not have a fair reason for dismissal or that they did not follow a fair procedure. In this case, it is possible that Erica could argue that her dismissal was unfair as her employer did not investigate the allegations made in the file before making a decision to dismiss her.

If Erica can prove that her dismissal was unfair, then she may be entitled to compensation. The amount of compensation will depend on factors such as her length of service and the impact of the dismissal on her.