[4] Several workmen's associations wished to see the doctrine of Common Employment repealed, as they felt Priestley v Fowler ushered in an unfair and damaging interpretation of the law.

[5] In response, Parliament formed a committee to consider evidence on the subject in 1877, and after numerous drafts and revisions, the Employers' Liability Act 1880 was passed on 7 September.

It also specifies that in the case of rail workers, an employer may be held responsible for the negligence of any person in "control of any signal, points, locomotive engine, or train upon a railway.

[9] The Employers' Liability Act provided a way for workers to seek compensation when it was demonstrated that the injury was caused by a fellow employee.

Many chose instead to participate in benefit plans that were mutually financed by employer and employee, which would provide for compensation in the case of injury.