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Posted By mark boath
A work colleague has asked the question regarding where the employers responsibility starts and finishes. The employee travels to work on a bicycle across dirt tracks/fields and is concerned in the event of a personal injury whilst going to and from work i.e falling off the bicycle would the company be held responsible. In my view the company is responsible for the employee whilst on their premises and not whilst travelling to and from work. I would be grateful for any advice regarding this issue.
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Posted By Jonathan Sandler
Speak to the DTI for conformation, but yes you are right.
Whilst at work, getting paid, unless the employer request the person to carry out a task whilst on their way to work, then common sence approach to the route taken must be addressed, unless the employe is working for HM Forces.
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Posted By John McFeely
I agree with previous response, however a responsible employer would highlight hazards and encourage safe behaviour both at work and at home.
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Posted By Adrian Watson
The rules are that an employee travelling to work is not at work, unless:
They do not have a fixed place of work; in this case the journey is considered to be part of their work. However, if they make a detour for their own purposes, they are not at work for the part of the journey associated with their detour; or
They are undertaking a task on-route; in this case they are at work on the part of the journey associated with the task.
Regards Adrian Watson
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Posted By Kieran J Duignan
Mark
Since their employee is not in a position to control hazards to which employees may be exposed on their ways to and from work, they can neither control the risks involved nor be responsible for them, except in the instances already referred to.
For the employer to be responsible for travel to and from work, each employee would have to contractually agree that he/she would travel to and from any form of work only in vehicles precribed by the employer, on routes and at times prescribed by the employer and to daily report any deviations from the presribed conditions. While such an arrangement might generate curious contracts of employment, the costs and logistics involved would extend far beyond the realm of 'the reasonably practicable'.
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Posted By Adrian Watson
Dear Kieran,
Your statement "For the employer to be responsible for travel to and from work, each employee would have to contractually agree that he/she would travel to and from any form of work only in vehicles precribed by the employer, on routes and at times prescribed by the employer and to daily report any deviations from the presribed conditions." is incorrect. The fact that a person is travelling on their employers business is enough for the employer to be responsible for the employees health and safety.
Furthermore an employer has duties under the common law and under the Health and Safely at Work Act 1974.
Regards Adrian Watson
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