Sentences with phrase «reasonable practicability»

Careful analysis of the combined effect of EA 2002 and the regulations therefore shows that it is not the case, as is sometimes believed, that because breach of contract claims are excluded from Sch 4 — and therefore a grievance is not a necessary precondition to a tribunal claim — an employee who brings an (unnecessary) grievance within three months and presents his breach of contract claim within six months will be out of time — subject to reasonable practicability.

The s 48 machinery differs in two material ways from the tests applicable to race, sex, sexual orientation and religious discrimination cases: a race - type discrimination claim can be brought out of time where the tribunal considers it «just and equitable» to do so — an easier threshold to cross than the «reasonable practicability» test of s 48 (3)(b); and in race - type cases there is no equivalent to the «series of similar acts» exception for bringing a series of discontinuous acts into time.

«We acknowledge that the fact that an accident is unavoidable goes primarily to the reasonable practicability of the measures which a defendant might take, rather than the risk to safety.

The references to reasonable practicability in HSWA 1974 ss 2, 3 and 40 can therefore be read as excluding any consideration of reasonable foreseeability.

In R v HTM [2006] EWCA Crim 1156, [2007] 2 All ER 665 the Court of Appeal held that the concept of foreseeability was more relevant to a determination of the issue of reasonable practicability (as opposed to whether an employee had been exposed to a risk at all).

In practice the judgment of the Lords reaffirms the status quo as propounded in R v Board of Trustees of the Science Museum [1993] 1 WLR 1171 and R v Associated Octel Co Ltd [1994] 4 All ER 1051, 1063a, where, in the latter case, the allegation was that there had been a contravention of s 3 (1), Lord Justice Stuart - Smith said: «If there is a risk of injury to the health and safety of the persons not employed by the employer, whether to the contractor's men or members of the public, and, a fortiori, if there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.»

Our present legal test of «reasonable practicability» may achieve this ably — but it can appear a loose concept, on which organisations may need further guidance and reassurance.

The basis of negligence and the test in the Compensation Act 2006, s 1 may well — like «reasonable practicability» above — achieve this ably, but perhaps the reality of what these legal tests mean on the ground is not cutting through media coverage of no win no fee or the ever - present advertising for injury claims.

The judge drew a hard line between the requirements based on «reasonable practicability» in sub-para 4 of Sch 2 of the regulations and the power to dispense based on «reasonableness» in s 20ZA.

Not exact matches

What is reasonable will depend on all the circumstances but tribunals will have particular regard to the cost of the adjustment, the financial and other resources of the employer, the nature and size of the employer, practicability and the extent to which the step would prevent the effect it is targeted at (DDA 1995, s 18B (1)-RRB-.