header-logo header-logo

28 May 2009
Issue: 7371 / Categories: Legal News , Disciplinary&grievance procedures , Employment
printer mail-detail

Work equipment ruling a relief for employers

Law lords rule on off-site health & safety duties

The House of Lords has limited the scope of employers’ strict liability for equipment used off site by employees in the execution of their duties.

In Smith v Northamptonshire County Council [2009] UKHL 27, the law lords held that a local authority was not liable for the injury of a care worker when using a defective wheelchair ramp at a client’s home.

The claimant, a driver and carer employed by Northamptonshire County Council, was injured when the edge of the ramp crumbled while she was pushing a client from her home to a minibus. The ramp had been provided by the NHS 10 years earlier.

The case centred around whether the ramp constituted “work equipment...provided for use or used...at work” under the Provision and Use of Work Equipment Regulations 1998.

In reaching their decision, the law lords considered whether the ramp was part of the employer’s undertaking and whether it was provided to the employee by the employer or by someone else with the employer’s consent. The council did not provide the ramp and had no responsibility or right to repair it. The law lords ruled 3-2 in favour of the council, finding that it did not have the requisite level of “control” over the ramp and therefore was not liable under the Regulations.

Rubina Zaidi, associate at Shoosmiths, which represented the council, says: “This comes as a massive relief to just about every business and organisation you care to mention.

“It would have had wide ranging implications, and meant employers making extra provision for unforeseen risk.”

Catherine Wolfenden, associate, Osborne Clarke, says: “For employers with employees who work off site for much of the time, this judgment provides useful clarification of their potential liability.

“The judgment shows that there must be specific link between the work equipment and the employer’s undertaking before the employer comes under the strict responsibilities imposed by the Regulations.” (See this issue p 773 for more on the Regulations).

MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll