RMC ROADSTONE PRODUCTS LTD v JESTER [1994] IRLR 330 The following extracts are taken from the judgment in the Divisional Court of Mrs Justice Smith, beginning at p 331:

RMC ROADSTONE PRODUCTS LTD v JESTER [1994] IRLR 330

The following extracts are taken from the judgment in the Divisional Court of Mrs Justice Smith, beginning at p 331:

The information laid by one of Her Majesty’s Inspectors of Factories alleged that on 18 March 1992, at the premises of British Gypsum Ltd, Church Manorway, Erith, Kent, the appellant, being an employer within the meaning of the 1974 Act did fail to discharge a duty to which it was subject by virtue of s 3(1) of the Health and Safety at Work Act 1974, in that it failed to conduct its undertaking so as to ensure the safety of persons not in its employment, including Mr Hans Derhun (now deceased), who were removing roof sheets from an asbestos cement roof, whereby the appellant was guilty of an offence as provided by s 33(1) of the said Act and liable to a penalty as provided by s 33(3).