Wilson & Clyde Coal Co v English [1938] AC 57

House of Lords

Basic Facts: A miner (X) was injured by equipment operated negligently. The company (D) claimed they were not liable since they delegated responsibility to an agent.

Issue: To what extent are employers personally liable for workplace safety, especially when delegating tasks?

Held: allowed Plaintiff’s claim on the grounds that the duty to effect and maintain a safe system of work was not absolved by the appointment of someone to undertake that duty. 

• Lord Thankerton:

• Employers cannot escape liability by delegating duties. They remain responsible for ensuring safe working conditions.

• Lord Macmillan:

• An employer’s duty to ensure safety is non-delegable. Delegating tasks does not absolve the employer of liability for failures in ensuring safety.

• Lord Wright:

• Employers have a fundamental duty to provide safe working conditions, which cannot be transferred even with delegation.