header-logo header-logo

26 November 2020 / Charles Pigott
Issue: 7912 / Categories: Features , Employment
printer mail-detail

Liability: no laughing matter?

32943
Whose liability is it when a workplace prank goes badly wrong? Charles Pigott investigates
  • Chell v Tarmac Cement Limited: an employer was not liable for injuries caused by a workplace prank.
  • Trial judge’s decision: the close connection test.
  • The appeal: degrees of tension.

In Chell v Tarmac Cement Limited [2020] EWHC 2613, [2020] All ER (D) 21 (Oct) the High Court has dismissed an appeal against a county court ruling that an employer was not liable for injuries caused by a workplace prank.

The claimant was a fitter employed by Roltech Engineering, working alongside Tarmac’s own employees. One of these deliberately caused a loud explosion next to Mr Chell’s ear, by hitting two pellet targets with a hammer. The targets were not workplace equipment. Although there was no deliberate attempt to injure Mr Chell, he suffered significant damage to his hearing.

There was evidence of a degree of ill-feeling between Tarmac’s employed fitters and those supplied by Roltech, but it was not considered that the Roltech fitters had

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll