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Posted By Nigel Hammond
Our head office was burgled a couple of times recently - after hours when there has was just one or two managers working alone in the building.
So, one of our directors has sent round a memo to all occupants with a reply slip worded 'I accept that if I choose to work outside the normal office opening times of 8:45 to 5:15 Monday to Friday, I do so at my own risk'.
I approached the director who wrote the memo to say that I feel we could still be liable if someone was harmed and that I did not think this kind of wording appropriate. She assured me that it is not an attempt to indemnify the organisation - rather to warn staff that we cannot protect them after hours and we expect them to go home. She could not see a problem with the wording.
Do you think there is a problem with this wording? - or am I making a fuss about nothing.
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Posted By John Webster
Unless the employer makes it a condition of employment that staff vacate the premises at the end of recognised working hours, and diligently enforces the condition, then I don't see how they can wriggle out of liability for the safety of their employees.
Such disclaimers are not worth the paper they are written on - the employer cannot disclaim a duty of care.
Looking at it another way, the disclaimer is the company acknowledging that it is unsafe to work after hours. What measures will they then take to ensure nobody is harmed short of ensuring everyone is out and locking the doors?
If late working is actually a necessary or accepted part of the job, the company should undertake a lone worker risk assessment and then determine appropriate control measures.
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Posted By Jack
It's nonsense. An 'unfair contract term'.
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Posted By Dave Wilson
what a load of tosh!!
The company is responsible both for its employees where ever and whenever they are at work with the knowledge of their employer, thry are also responsible for the Safety of the burgulars or anyone else who is likely to enter the premises invited or not!
Occupiers Liability etc
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Posted By Hilary Charlton
Strictly speaking you have liability and this cannot be wriggled out of by any disclaimers whatsoever.
However, to give her her due, perhaps she is genuinely worried about staff working late but feels that she cannot bar it because it is in the interests of the Company. You say that she is aware of the liability issue and that is not the reason for this notice - perhaps, therefore, her problem is her choice of English rather than a failure to understand.
Maybe you could help her with the notice so that it reads more personnel-friendly.
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Posted By Nigel Hammond
Thank you for your help. It's nice to know I am not over-reacting!
Hilary, I think you are right about the intentions behind the disclaimer being a genuine concern for peoples well-being.
In some respects this was a golden opportunity to show staff that she cares. However, I feel she inadvertently did the opposite with the disclaimer. I'll have to go back with tact and diplomacy to get a more positive memo sent out!
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Posted By Paul Adams
What an excellent tool to dissuade managers from working "excessive" hours!
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Posted By Nick Higginson
Nigel,
If the memo manages to get people home, then fine (although it could have been done more tactfully).
However, under the Unfair Contract Terms Act, an organisation cannot exclude itself from liability for negligence with such a memo.
Kind regards
Nick
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