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thunderchild  
#1 Posted : 15 May 2018 09:32:29(UTC)
Rank: Forum user
thunderchild

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.

Roundtuit  
#2 Posted : 15 May 2018 09:38:20(UTC)
Rank: Super forum user
Roundtuit

Not at work

Premises owner/occupier duties would be due to the users 

thunderchild  
#3 Posted : 15 May 2018 09:51:35(UTC)
Rank: Forum user
thunderchild

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????

Roundtuit  
#4 Posted : 15 May 2018 12:36:08(UTC)
Rank: Super forum user
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.

thunderchild  
#5 Posted : 15 May 2018 13:41:24(UTC)
Rank: Forum user
thunderchild

Originally Posted by: Roundtuit Go to Quoted Post

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.

A Kurdziel  
#6 Posted : 15 May 2018 15:16:21(UTC)
Rank: Super forum user
A Kurdziel

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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