Good Morning All,

We sent an employee on company business to France. It has transpired this morning that they have fractured a bone and a plaster cast was done at hospital. Arrangements are in place to get them home. I will be obtaining a statement from them upon their return to get their version of the incident as well as requesting an documentation that has been generated.

If the incident occurred on their personal time (e.g. getting ready in hotel room) does this still count as being RIDDOR reportable or is the timing irrespective in this case as we sent them on business?

Would appreciate any thought regarding this, as not had to deal with this particular before.

Nothing is RIDDOR reportable if it happens outside the UK regardless of circumstances. You need to check the French equivalent to see if this is reportable in France.

I despair.

“p.s. they claimed and their solicitor asked for RIDDOR. Never went anywhere though”
Solicitors when making a claim will ask for the sun and the moon and the stars and make it seem if you don’t have these things lined up perfectly you will lose the case.
It’s mainly bluff.

#6 post

So it seems even your HSE office didn't understand the basics of RIDDOR.

quote=Merv]People employed by a French company and working off-site are considered to be the responsibility of the employer even during "personal time" i.e. the employer required them in an hotel and eating in a restaurant and, perhaps, travelling from one to the other. The employee is considered to have no choice. So, under French employment law your employee could sue for compensation.

Injured while bingeing in a night club could be considered arguable. Unless it was on expenses.

My 'I despair' comment was because the basic idea of RIDDOR does not appear to be understood or that the applicability of UK law in a another country was even questioned.

Does specific French law apply in the UK?

I just wonder if some put into practice what they should have learned on their various NEBOSH courses. I think the basic concept of learning by research and finding out for yourself is a powerful method of learning.

Fair enough if somebody has read all of the guidance, but still seeks clarity and explanation.

In context of information requested by claims solicitors, they use the standard "Pre-Action Personal Injury Protocol Standard Disclosure List for Claims without thinking. That is why there may have been a RIDDOR report request for an overseas based accident claim! It is wrong.

https://www.justice.gov....otocol/prot_pic#IDA23KCC

A French employer has responsibility for an employee not only while "at work" but also while travelling directly between home and the workplace. i.e the normal, direct "going to work" or "going home" trip. An "accident de trajet" (same root as the English word "trajectory") Doesn't matter if travel is by private or public transport. Should an injury occur while breaking the journey, e.g. to buy a newspaper, that is not considered to a work related injury.

So, the employee is covered from the time of leaving home to the time of returning there. I had to inspect and approve for fire safety and hygiene the hotels where we lodged visitors from other sites.

Usually the modern chain hotels were very good but the older, more picturesque ones could be quite dodgy.