Baker v Quantum Clothing Group & Ors

Baker v Quantum Clothing Group & Ors

Employers in the knitting industry were in breach of section 29 of the Factories Act 1961 from January 1978 if they failed to provide hearing protection to employees exposed to noise between 85 and 89dB(A)lepd, as the risk of harm was known or should have been known, and the provision of ear protectors was reasonably practicable. The statutory duty under section 29 is stricter than the common law duty, as it is objective and not limited by what was considered an acceptable risk at the time. The common law duty was not breached until 1987/88, when it was no longer reasonable to regard exposure to such noise as acceptable.

Parties
Appellant: Stephanie Baker; 1st Respondent: Quantum Clothing Group; 2nd Respondent: Meridian Limited; 3rd Respondent: Pretty Polly Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; judgment for the appellant on statutory duty; damages awarded.
Legal Topics
Employer's Liability, Noise Induced Hearing Loss, Factories Act 1961 Section 29, Reasonable Practicability, Common Law Negligence, Statutory Duty, Personal Injury
Employment Law Occupational Health and Safety Tort Law Employer's Liability Noise Induced Hearing Loss Factories Act 1961 Section 29 Reasonable Practicability Common Law Negligence +2 more

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Parties

Stephanie Baker

Appellant

Quantum Clothing Group

1st Respondent

Meridian Limited

2nd Respondent

Pretty Polly Limited

3rd Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether employers in the knitting industry were liable for employees’ hearing loss due to exposure to noise below 90dB(A)lepd but above 85dB(A)lepd prior to the Noise at Work Regulations 1989.
  2. 2 Whether section 29 of the Factories Act 1961 imposed a stricter duty than common law negligence regarding workplace safety and noise exposure.
  3. 3 From what date employers should have provided hearing protection for employees exposed to noise between 85 and 89dB(A)lepd.

Ratio Decidendi

Employers in the knitting industry were in breach of section 29 of the Factories Act 1961 from January 1978 if they failed to provide hearing protection to employees exposed to noise between 85 and 89dB(A)lepd, as the risk of harm was known or should have been known, and the provision of ear protectors was reasonably practicable. The statutory duty under section 29 is stricter than the common law duty, as it is objective and not limited by what was considered an acceptable risk at the time. The common law duty was not breached until 1987/88, when it was no longer reasonable to regard exposure to such noise as acceptable.

Court Disposition

Appeal allowed in part; judgment for the appellant on statutory duty; damages awarded.

Orders

  • Quantum Clothing Ltd to pay Stephanie Baker damages of £3,334 for noise-induced hearing loss attributable to unprotected exposure from 1 January 1978.
  • Damages apportioned on a time basis for the period of breach.