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#1 Posted : 29 May 2003 09:46:00(UTC)
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Posted By lawrence baldwin For the legal minds out there, the proposed scenario as it has been put to me. Some employees have formed a group who wish to provide their own personal items of excercise equipment for use by any employee during their rest and break periods at work. The equipment consists of step machines, excercise bicycles, rowing machines and weights. There are to my knowledge, no pieces of equipment that require electrical power. The group has asked the employer for a room that can house the equipment and be used by the group and any employee as a "fitness" room. Insurance issues, hygiene and excercising alone not withstanding, my query is: Does the equipment brought in by employees for use by other employees on the employers premises with the employers agreement make the employer the ostensible supplier and would those duties include such matters as information, safe condition of supply and maintenance, or are there other duties placed on the employer with regard to the equipment. The employer does not wish to provide equipment at company expense.
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#2 Posted : 29 May 2003 12:42:00(UTC)
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Posted By Gavin Gibson This seems to be a potential minefield. How about pushing the staff to create a fitness club. The employer, acting in a landlord capacity would then only be providing the building and welfare facilities. The club would be responsible for all the other legal niceties. They would not necessarily have to charge for membership, but it could be the right driver to legitimise the process without requiring the employer to spend money / take on other duties. The staff would still have access to their fitness equipment.
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#3 Posted : 29 May 2003 13:14:00(UTC)
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Posted By Hilary Charlton I agree totally with Gavin's answer - if the staff make themselves into a fitness club with their own memberships, insurances, etc, then you need only be responsible in a landlord capacity. There is nothing to stop the Company donating money towards the club as a gesture of goodwill which would perhaps help with the insurance costs but which would leave you free from liability.
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