26 February 2009
Couzens v T McGee & Co Ltd (now McGee Group Ltd) [2009] EWCA Civ 95, [2009] All ER (D) 191 (Feb)
If an item of equipment which has not been supplied by the employer is being used at work, it will not be “work equipment” for the purposes of the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) unless the employer expressly or impliedly permitted its use or must be deemed to have permitted its use. Express permission will be a matter for direct evidence. Implicit permission may be inferred from evidence that the respondent was aware that the item was being used and did nothing to stop it.
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