header-logo header-logo

Work equipment ruling a relief for employers

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll