Rank: Forum user
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Hi All, I retired last October, so have not kept up to date with this forum. However, I tried a search on this topic and did not come up with much help, but I can remember reading that despite public perception the UK was not a litigious society !! The chance of a claim succeeding was low i.e. 2%. Please advise is this reality. Or the reason I am being asked by three similar voluntary organisations to have separate CRB checks a sign that claims are rife? Regards,Paul.
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Rank: Super forum user
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Paul,
Very few claims are litigated and it may be 2% - I can't comment on the figure but it would not surprise me it being 1% or even less. However, it’s not the litigated claims that are the vast majority - very few go to court, they are settled well before that on economic grounds.
I can conform that in my sector personal injury claims are a massive issue and in particular fraudulent ones - we repudiate about 40% and settle on many more that drive me round the bend but economies have to be considered.
Claims are rife in my personal opinion and further fueled by the current climate particularly where the public are involved.
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Rank: Forum user
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Sorry, but I'm struggling to see the link here. There is a legal requirement for CRB checks to be carried out on persons being engaged in certain positions (employed or voluntary) and, as I understand it, the failure to ensure such checks are carried out may be a criminal matter. This has nothing to do with somebody making a civil claim.
Thinking as I type, the only way the two are linked would be if somebody came to harm at the hands of a person who should have had a CRB check carried out but didn't, then the employer/provider of that person could be held liable.
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Rank: Super forum user
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There is a perception in society that we live in a litigous era, however it is claimed that 9 out of 10 cases are settled out of court, so know very few people really know the true extent of claims. This perception is fuelled by constant advertising in the media by accident claim companies and soliciting by emails, texts and phone calls. Accident information is also forwarded to these 'ambulance chasers' by respected organisations such as insurance companies and allegedly even the police as the link below confirms. It is in my opinion a national scandal. http://www.bbc.co.uk/news/uk-13922554
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Rank: Super forum user
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The CRB checks are, imho a mess. I have three, for three different roles teaching sport to three different sets of children. They were supposed to have been streamlined into a single vetting and barring scheme http://www.homeoffice.go.../vetting-barring-scheme/but so far this has not happened. I believe, with mylesfrancis, that this is a criminal matter, and arose in the aftermath of the Soham murders. The litigous society is another matter. Fear of litigation is a strong factor. the reality is quite another.
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Rank: Forum user
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Thanks All, Sorry if I poorly explained but the link is the perception of a compensation culture leaves HR people to go OTT with things like CRB. I am a volunteer hospital governor also a member of hospital LINLKs. Because of the fear of litigation I have to have a CRB for both organisations. To visit as a gov in the morning one CRB then to visit the SAME hospital in the afternoon another CRB.They blame but do not use risk assessment i.e. What if a claim !!! My simple RA view is we should always visit at least in pairs (one CRB is enough) p.s. The only time recently, I have been ALONE in a hospital with a vulnerable patient was as a common visitor without CRB !! So my opinion is litigation fear outways PROPER risk assessment, should it? Regards,Paul
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Rank: Forum user
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I'd say definitely. I work as a floor slips tester and an independent expert witness - never been busier !!
Certain sections of society seem incapable of remaining upright for more than 30 mins without suffering a catastrophic slip or trip "accident" .
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Rank: Super forum user
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Quote:Rather than evidence of increasing numbers of claims, however, the researchers found that the number of legal actions in this area was consistently falling in both the High Court and the County Courts http://www2.warwick.ac.u...search_finds_spiralling/
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Rank: Super forum user
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Visited the s/mart an hour ago. Nationwide, well-known. Milk all over the floor, nobody clearing it. Reported it to member of staff. "we'll get a cleaner to it" 20 minutes later, still a big puddle of milk. And manufacturing industry is no better. Doubtless in the event of a claim their insurer will employ a floor slip tester...after sprinkling 1ml of milk it will be declared "no risk of slippage was observed" In my opinion it is six of one and a half dozen of the other.
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Rank: Guest
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I did have an interesting insight into this area some years ago when I researched it, comparing the picture here and in the United States, widely regarded as a highly litigious society. I found that it is actually far easier to bring a claim against an employer in the UK, than in the US, since Workers Compensation Schemes in most states precluded this from happening. Even with accidents involving equipment, employees would have to sue the equipment manufacturer/supplier rather than their empoyer who had this equipment.
We have copied some of the lawyers' practices from the US, in terms of things like 'No Win, No Fee' or conditional fee arrangements, so it has become more widely spread, and the fact, which has been mentioned, that insurance companies commonly roll over and settle out of court to avoid the risk of losing an expensive legal action, disguises the extent of the problem in the public domain.
All of this only serves to reinforce the abdication of personal responsibility that appears rife these days. Read accounts of some of the prosecutions of companies for serious/fatal accidents, and judge to what extent the company was actually at fault when you apply a common sense evaluation of what the employee did.
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Rank: Super forum user
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Just a comment on Johnmurray's experience above. According to the few former & current supermarket people I know, supermarkets, especially those run by the big national names, are usually red hot regarding action for spillages. Irrespective of position and role, staff are told during inductions and periodically reminded that they should be vigilant for spillages on floors, and to take or ensure prompt appropriate action is taken, preferably to remove spillages or at least prevent customers from walking on them. This can include positioning a staff trolley over the spillage as a temporary measure.
It's inevitable that accidental dropping of items by customers can sometimes result in spillages of liquids and powders, and also that some customers will scarper from the spill locations as soon as they can for fear of being charged for the damaged items. The supermarket operators also have a fear - of being sued by customers who slip on spillages and injure themselves, hence their robust slip prevention/minimisation policy. It's always better and easier to identify and take prompt action about spillages than deal with spillage related claims. As supermarket customers include people who are elderly, pregnant or otherwise vulnerable to significant injury, some claims could be for very considerable amounts of money.
Can any forum users professionally involved with supermarkets confim and/or expand on these matters? Also, hopefully, diligent forum users when shopping will report spillages they spot to the nearest members of staff. The reaction of such employees when told will tend to reflect their awareness of and observance of their particular store's policy about spillages. If effective prompt action isn't taken, it would be appropriate to tell the store manager and/or head office - or is this being too public spirited in relation to the prevailing attitude among most people that almost everything is someone else's responsibility?!!
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Rank: Forum user
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pdurkin wrote:I am a volunteer hospital governor also a member of hospital LINLKs. Because of the fear of litigation I have to have a CRB for both organisations. To visit as a gov in the morning one CRB then to visit the SAME hospital in the afternoon another CRB.They blame but do not use risk assessment i.e. What if a claim !!! It's not fear of litigation. They are two separate bodies who have a legal duty to ensure that those working for them (even in a voluntary capacity) have had the appropriate CRB check. Within the current framework they cannot accept a CRB obtained by a different body. As Jane Blunt alludes to, there are issues with the CRB system. I too have had to have a number of checks for my employer, as a school governor, and as an athletics coach - including two separate checks for two schools in the same LA area. But, again, the need for these checks is driven by legislation, not by a fear of civil litigation.
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Rank: Super forum user
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Graham Bullough wrote:Just a comment on Johnmurray's experience above. According to the few former & current supermarket people I know, supermarkets, especially those run by the big national names, are usually red hot regarding action for spillages. Irrespective of position and role, staff are told during inductions and periodically reminded that they should be vigilant for spillages on floors, and to take or ensure prompt appropriate action is taken, preferably to remove spillages or at least prevent customers from walking on them. This can include positioning a staff trolley over the spillage as a temporary measure.
I find that comment strange, since I cannot wander around any of the large s/marts without finding fault. That ranges from building alterations being carried out along shoppers, featuring disc cutters being used to cut through steel columns woth their rather excessive amount of noise causing children to go hysterical with fear: remedy, rank local authority and they stopped the work during daytime and banned the use of disc cutter. Using a rather quaint home-made "step ladder cum mobile platform" of height about 4 metres with a handrail up one side and a platform rail only going along one side to pin signs onto the false roof. Using a pallet truck to transport pallets to the store space. then leaving the pallet truck "parked" in the main isle....at least one person had their ankles "kneecapped" by walking into the forks.... Piles of empty cardboard boxes stacked in the isles, with sundry pieces of same scattered about. Puddles of milk, not a one-off...but a frequent event.....sometimes with a warning sign "floating" in the middle. A STACK of boxes of 10 litre oil containers.....stacked over my height....with "stack only four high" written in large letters on the sides........ And I could go on, and on.....supervision must be a bad point.....and while you may blame the contractors about the building work problems, as you know the s/mart is to blame anyway....and i did talk to management about the high noise.....I just got the blank stare.....
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Rank: Super forum user
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Rank: Guest
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Interesting comments from JohnMurray about situations and actions observed in supermarkets, and they describe not uncommon things, from my experience.
I think that a lackadaisical attitude is evident in a lot of the retail sector, when it comes to the state that shops are allowed to get into. Trip hazards, spills, restricted aisles, hidden fire extinguishers, partially blocked fire exits, unsafe shelf stacking are amongst the things I regularly see. Shop managers and even large retail chains seem almost oblivious to the requirements of safety and fire regulations, and the Equality Act when it comes to access and egress for those with a disability, be that mobility or otherwise. Whilst I appreciate that there will be differences in what is practicable when comparing a small shop to a large retail store, there are plenty of serial offenders out there who really should know better.
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Rank: Super forum user
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Either I'm not very observant when shopping or the standards in the supermarkets I tend to visit in my part of the North West don't seem too bad. The main hazard seems to be from other shoppers, notably the ones who seem to be wholly engaged with their mobiles clamped to their ears or texting as they move about, usually with their a trolley, and thus oblivious of other shoppers. Regular forum viewers will know that I detest the behaviour of people who allow themselves to be dominated by their mobiles, so mild apologies for mentioning them yet again.
As for supermarkets in which poor standards are prevalent, there's surely a case for concerned shoppers to contact the companies' head offices. If enough people complained with examples of deficiencies, won't the senior people at head offices feel compelled sooner or later to take some action, especially if people write direct to them rather than to the customer care depts?
Judging from TV programmes like "Undercover Boss", some very senior people do have some sensitivity and care about their employees' working conditions and attitudes. However, perhaps that's just a description of the bosses who agree to be shown on such programmes. Furthermore, perhaps I'm being cynical and unfairly maligning such bosses, won't the fact that they are being filmed and will try to represent themselves and their organisations in a good light influence what they say and do?
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Rank: Super forum user
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Possibly the problems are specific to my area. But not likely. The store (very large, 24-hour) had a refit some years ago, about five, in which the freezer cabinets were replaced. Since then, when they defrost, the floor has been wet. This problem should have been solved, it has not. What has happened is that a sign appears on the wet floor instead. Floating in the middle of the puddle until a cleaner comes along. I've seen several children slip on this. Doubtless a successful claim for injury would be blamed on our litigation-prone society, and not on the "my bones got broken because of your useless safety regime so here is my claim for compensation" individual. Smoke and mirrors. Industry wants to reduce the amount it has to pay for injuries, deaths and diseases. Rather than clean its act up, it sends its paid servants (politicians) to solve the problem by attempting to end compensation claims. No problem. The legal system will find a way around the restrictions as it always does, even if it means the person claiming pays more. Of course, the politician knows this. So many are solicitors and barristers.
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