a phrase that you hear bandied about quite a bit is the phrase duty of care
a phrase that you hear bandied about quite a bit is the phrase duty of care

the employers duty of care I meet many employees who talk about the employers
the employers duty of care I meet many employees who talk about the employers

duty of care but they fail to understand what exactly is involved in the
duty of care but they fail to understand what exactly is involved in the

legal duty of care from the employer or to what extent or how wide is that duty
legal duty of care from the employer or to what extent or how wide is that duty

of care what is the standard how does the employer discharge the duty of
of care what is the standard how does the employer discharge the duty of

care that's what I'm going to take a look at in this video
care that's what I'm going to take a look at in this video

so we all understand the phrase duty of care it's a phrase that is bandied about
so we all understand the phrase duty of care it's a phrase that is bandied about

quite a lot it's well settled law that an employer owes a duty of care to the
quite a lot it's well settled law that an employer owes a duty of care to the

employee there's no question about that however what extent is it? well the
employee there's no question about that however what extent is it? well the

courts have not laid down one single duty of care but they have recognized that it
courts have not laid down one single duty of care but they have recognized that it

will vary depending on the circumstances and it will vary depending on the employees
will vary depending on the circumstances and it will vary depending on the employees

age experience knowledge what type of a job it is what risk there is and so on and
age experience knowledge what type of a job it is what risk there is and so on and

it is critical to succeed in a negligence claim for example a personal
it is critical to succeed in a negligence claim for example a personal

injury claim for example against the employer to show that the employer has
injury claim for example against the employer to show that the employer has

failed to discharge his duty of care to put it very very simply an employer will
failed to discharge his duty of care to put it very very simply an employer will

have discharged his duty of care if he knows what a reasonable and prudent
have discharged his duty of care if he knows what a reasonable and prudent

employer would do in the circumstances so provided that he's not reckless or
employer would do in the circumstances so provided that he's not reckless or

negligent provided he knows what a reasonable or prudent employer might do
negligent provided he knows what a reasonable or prudent employer might do

almost certainly he will have discharged his duty of care now to dig a little bit
almost certainly he will have discharged his duty of care now to dig a little bit

deeper and to get a little bit more granular in relation to the duty of care
deeper and to get a little bit more granular in relation to the duty of care

owned by the employer the scope would generally be assessed under four
owned by the employer the scope would generally be assessed under four

headings and they will be the provision of competent staff the provision of a
headings and they will be the provision of competent staff the provision of a

safe place of work the provision of proper equipment and the provision of
safe place of work the provision of proper equipment and the provision of

the safe system of work so once the employer has done these things that from
the safe system of work so once the employer has done these things that from

a legal perspective would probably see the employer discharging his duty of
a legal perspective would probably see the employer discharging his duty of

care in other words the standard of care is whatever a reasonable and prudent
care in other words the standard of care is whatever a reasonable and prudent

employer might do in the circumstances to take that a little bit further if you were
employer might do in the circumstances to take that a little bit further if you were

example out sick for quite a while and if you felt that the employer
example out sick for quite a while and if you felt that the employer

was simply letting you "dangle" as it were and not showing any concern for you and
was simply letting you "dangle" as it were and not showing any concern for you and

not asking you how you are and so on and so forth not specifically but that type
not asking you how you are and so on and so forth not specifically but that type

of thing would not necessarily show that the employer had failed in his legal
of thing would not necessarily show that the employer had failed in his legal

duty of care you might be disappointed you might be miffed and it may not be good
duty of care you might be disappointed you might be miffed and it may not be good

practice but from the point of view of discharging or failing to discharge the
practice but from the point of view of discharging or failing to discharge the

duty of care the employer would not be in breach in my view for failing to
duty of care the employer would not be in breach in my view for failing to

check on you or see how you were or when you might be likely to come back to work
check on you or see how you were or when you might be likely to come back to work

so the duty of care is a specific standard that an employer owes to an
so the duty of care is a specific standard that an employer owes to an

employee provided the employer acts reasonably and acts like a prudent
employee provided the employer acts reasonably and acts like a prudent

employer in the circumstances then it's likely that the employer would have
employer in the circumstances then it's likely that the employer would have

succeeded in discharging its duty of care hope you find this video useful if
succeeded in discharging its duty of care hope you find this video useful if

nothing else it might just indicate the difference between the
nothing else it might just indicate the difference between the

legal standard for the duty of care and what people might in the ordinary course
legal standard for the duty of care and what people might in the ordinary course

of conversation and in the ordinary meaning of language described as a duty of care
of conversation and in the ordinary meaning of language described as a duty of care

and say oh he's an appalling employer he's not discharging his duty of care
and say oh he's an appalling employer he's not discharging his duty of care

towards me just because he doesn't ring up and see how I am or when I might be
towards me just because he doesn't ring up and see how I am or when I might be

back to work or send me get well wishes that's really nothing got to do with it
back to work or send me get well wishes that's really nothing got to do with it

insofar as the duty of care is a legal standard and that's where it arises in
insofar as the duty of care is a legal standard and that's where it arises in

the question of a personal injury claim it arises in the question of a
the question of a personal injury claim it arises in the question of a

negligence claim in relation to breach of contract and so on
negligence claim in relation to breach of contract and so on

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law and Irish business thanks for watching
law and Irish business thanks for watching