Rank: Forum user
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Quick question. We have an off site carpark that some members of staff have to use. Is walking to, from and inside it classed as being at work? I ask as its in a bit of state, pot-holes, broken glass and no lighting. Accident is very foreseeable.
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Rank: Super forum user
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Not at work
Premises owner/occupier duties would be due to the users
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Rank: Super forum user
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Not at work
Premises owner/occupier duties would be due to the users
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Rank: Forum user
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How about when they are in the car park itself? Surley as an employer who are making our employees use this carpark we have a duty for there safety when it in? They would not be there otherwise????
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Rank: Super forum user
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The manner in which most employees arrive at and depart from work is at their discretion & circumstance (car, bike, bus, taxi, cycle, foot, lift with others). Excepting those issued with a vehicle for work purposes employers do not require employees to drive ergo they do not force them to use a particular car park. As said that the owner/operator of the car park owes a duty of care to its users - this may be the employer - but accidents in this location would not be work related regarding the normal business undertaking.
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Rank: Super forum user
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The manner in which most employees arrive at and depart from work is at their discretion & circumstance (car, bike, bus, taxi, cycle, foot, lift with others). Excepting those issued with a vehicle for work purposes employers do not require employees to drive ergo they do not force them to use a particular car park. As said that the owner/operator of the car park owes a duty of care to its users - this may be the employer - but accidents in this location would not be work related regarding the normal business undertaking.
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Rank: Forum user
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Originally Posted by: Roundtuit The manner in which most employees arrive at and depart from work is at their discretion & circumstance (car, bike, bus, taxi, cycle, foot, lift with others). Excepting those issued with a vehicle for work purposes employers do not require employees to drive ergo they do not force them to use a particular car park. As said that the owner/operator of the car park owes a duty of care to its users - this may be the employer - but accidents in this location would not be work related regarding the normal business undertaking.
I believe we do own the car park, this give me my answer. Thank you.
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Rank: Super forum user
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As said I don’t think that using the car park counts as being at work but the owner certainly has a duty of care under Occupiers Liability legislation.
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