Cox v Ministry of Justice (Rev 2) Posted In: Case Law
Case ReferenceCiv 132
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionHealth and Safety
The Ministry of Justice has been held liable for an injury, caused by a prisoner, to a catering manager at a prison kitchen. Ms Cox was in Crown service and therefore was not actually an employee. Neither was the negligent prisoner, although prisoners in the kitchen receive nominal wages. The Court of Appeal looked at previous case law in this area and concluded that the prison service was a quasi employer and that the prison/prisoner relationship might even be more controlled than that of employer/employee:
"Far from there being mutuality or consent in the relationships... there was there and is here an element of compulsion in engaging in the activity directed by the 'quasi employer'."
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