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Posted By Terry Hill
My organisation has a tendency to ask employees to sign documents such as: they understand and agree to the rules of the workplace or they agree that training has taken place or they agree not to use equipment for which they have not been trained.I am often asked if this would be any sort of defence in litigation, my opinion is that these documents are worthless and that although employees have a duty under S7 & S8 H&SAWA, the employer has a non delegable duty that cannot be signed away or mitigated by these documents. I would be grateful for any other opinions on this subject. Thank you
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Posted By Neil Pearson
You're right - the only value of the signature is a record of training or instruction. The signature does not shift liability in any direction at all. If the employer thinks it operates like a contract, the Unfair Contract Terms Act 1977 prevents an employer restricting his liability.
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Posted By Jack
You're right but this has been discussed before. Try a search for 'diclaimers'
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Posted By Jack
- - or even disclaimers
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Posted By Ken Taylor
They may not have a lot of value, but it would be difficult for someone who had signed to say that he/she had received something to subsequently claim that they had not. They may also serve to 'underline' the importance of health and safety rules and give a sense of commitment on the part of the signatories. We get people to sign their job descriptions, attendance sheets on health and safety courses, etc. I think agreed recorded evidence can be quite valuable these days provided it is true and done in honesty by all parties to it and not as a way of seeking to avoid duties and responsibilities.
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