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Posted By Laurie
Forget who they are and what they do - here we have an employee injured, albeit accidentally, by the careless act of management.
What are HSE and the relevant trade union doing about it?!!
Laurie
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Posted By Keith Archer.
Laurie.
Case law could be used Keys-v- Shoefayre ltd 1978 (serious although different senerio) failure to protect employees from violence.
Could anyone tell me where this kind of incident could happen in any other workplace where a manager would still be carrying out their duties days later.
HSE have a great opportunity to improve safety perception by taking appropriate action against the manager and employer concerned
Keith
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Posted By Paul Bellis
There is also criminal charges to consider
Section 20 assault - Offences Against the Persons Act, this is where unlawful and malicious wounding ( a break in the skin) takes place. An intent to cause injury is not required, but recklessness which causes an other injusy could be construed as an assault. There is a lot more to the act and some defences, but its there! Also a battery - an assault under common law has taken place similarily this does not have to be the intent, but recklessness will count.
Interestingly enough I was talking to a collegue recently about this, these criminal charges could be brought to bear on a number of accidents at work where an injury has occured through the recklessness of another persion ie manager/supervisor. I am surprised that no such charges have yet been brought against a person in conrol of another..... or has there?
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Posted By Lee Bennett
Can I just point out that Health and Safety at football grounds is enforced by the relevent local authority not the HSE.
Regards
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Posted By john ridley
Issuing personal protective Alice bands.
The issue here is was this personal injury caused through negligence, a breach of statutory duty and was a crime committed? But then again, who cares?
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Posted By David Mains
Unfortunately we cannot forget who they are or what they do, as football continues to be a law unto itself with regard to employment law, unions, etc.
If he does not play tonight, should it be reported to RIDDOR???
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Posted By Paul Bellis
David
Was he at work - yes
was the injury arise out of or in connection with work or related to an incident of physical violence- yes
Was he off work for more than 3 days - doubt it for this particular incident, but if he had, as are a lot of injuries occuring within professional sports, then I wonder would they (the employer) report it under RIDDOR?
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Posted By Eric Burt
Did anyone notice Sir Alex taliking on his hand-held mobile phone while driving into the training ground the other day...
Are knights of the realm exempt from the law?
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Posted By Michelle Driscoll
Lets face it footballers, and Man Utd footballers in particulara seem to be exempt from most laws!
(A sad and depressed West Ham fan!)
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Posted By Dave Wilson
Question doesn't arise as he was back at work, training, and is available for selection! Dont include the day of the accident
Was this working within the scope of his employment!
'Volenti non fit injuria' methinks
Any way Sir A can kick football boots at me all day for the money he pays his staff.
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Posted By Stephen J W Clegg.
Should the RSPCA be contacted? Afterall, anyone who tries to force together a Dodo and a Puma ought to be locked away indefinatley! Incidently, the kick WAS NOT intentional.. if it had, he'd have missed by a mile!
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Posted By Michelle Driscoll
RE: Missing ....No it was Ferguson that kicked the boot not Giggs!!
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Posted By David Mains
Okay - I was joking with the RIDDOR question!!!
Although, despite not being absent, the injury may have prevented him from doing his normal work duties. (This should open up another debate as to what they actually are)
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Posted By Jack
What sort of tractor is a Ferguson/Beckham; have the manufacturers issued a recall?
The monitors seem to be getting a bit slack if they take no action about people openly 'taliking on his hand-held'
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