Rank: Forum user 
|
Afternoon all,
I am hoping to pick the collective brains of the forum for a matter regarding employers liability.
The situation is, a person has been offered a part-time position working as a groom on an equestrian yard on a self-employed basis, but has been asked to sign amongst other things (industry secrecy policy etc) a disclaimer saying that they accept the employer is not liable in the event that they are injured by the employers horses, and must hold personal accident cover in the event that they should be. The question posed to me was can they do that? My gut reaction was that an employer can't dispense with their responsibilities in such a fashion. But wanted to double check with the esteemed persons here.
Cheers
|
|
|
|
|
|
Rank: Super forum user 
|
As a rule disclaimers are not worth the paper they are written on. In health and safety law employers cannot transfer liability to another, whatever caveat they wish to introduce.
Not sure why they have been asked to sign a secrecy policy and what relevance this has on the question unless you are alluding to some sort of crown immunity?
|
|
|
|
|
|
Rank: Forum user
|
RayRapp is correct, cannot transfer the liability.
|
|
|
|
|
|
Rank: Super forum user 
|
Sounds like this yard train racehorses. I know they are quite guarded places due to the sheer amount of money involved in producing winners.
I also understand the race horses are much more highly strung, I think, due to their diets, and therefore more likely to cause injury
I wonder how many people are being asked to sign these type of disclaimers? Even though they don't mean anything legally, if the people signing them believe they do, the employer is onto a winner.
|
|
|
|
|
|
Rank: Forum user
|
Thanks all, confirmed my thinking. I remember being taught years ago when I did my NEBOSH certificate that a disclaimer wasn't worth the paper it was written on. Always like to get a second opinion when I aren't sure.
|
|
|
|
|
|
Rank: Forum user
|
Not a legal beagle but just pulled this from Wikipedia (so it must be true).
Under UK law, the validity of disclaimers is significantly limited by the Unfair Contract Terms Act 1977. By virtue of the Act, a business cannot use a contract term or a notice to exclude or restrict its liability for negligence causing death or personal injury. In the case of other loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances.
|
|
|
|
|
|
Rank: Forum user
|
It is a little known fact, but other than Third Party Motor Insurance and Employers' Liability, the only other class of compulsory insurance in the UK is for riding establishments under the Riding Establishments Act 1970.
I'll get me coat.............
|
|
|
|
|
|
Rank: Super forum user
|
if these people are self-employed then its a different ball game and the employer employee relationship along with duties etc. that exist in such relationships may not exist
|
|
|
|
|
|
Rank: Super forum user
|
Bob makes a good point but, whilst the exact contractual relationship between the worker and employer will depend on a number of factors, such as the master/servant relationship, the principle of a disclaimer remains the same. If, the employer did not have duties pursuant to s2 HASWA then they will surely have duties under s3. So, and in effect, the employee/employer relationship makes little difference to the duties owed to the worker(s).
The fact the employer is trying to negate their duties by providing a disclaimer in the first instance plus the nature of the role strongly suggests an employer/employees relationship exists - I rest my case. :)
|
|
|
|
|
|
Rank: Super forum user
|
Imagine if a Principal Contractor on a construction site asked workers to sign a disclaimer agreeing that they wouldn't be held liable for personal injury if bricks fell off the scaffold...
|
|
|
|
|
|
Rank: Super forum user
|
gramsay wrote:Imagine if a Principal Contractor on a construction site asked workers to sign a disclaimer agreeing that they wouldn't be held liable for personal injury if bricks fell off the scaffold...
I can think of some PCs which would try if they thought they would get away with it!
|
|
|
|
|
|
Rank: Super forum user
|
RayRapp wrote:gramsay wrote:Imagine if a Principal Contractor on a construction site asked workers to sign a disclaimer agreeing that they wouldn't be held liable for personal injury if bricks fell off the scaffold...
I can think of some PCs which would try if they thought they would get away with it!
Surely we're all about the team meetings and big hugs these days? :)
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.