Posted By Kieran J Duignan
Malcolm

While the status of 'employment' does not necessarily entail remuneration (which is a detail of a particular contract regulated by the Employment Rights Act 1996), it does incur a responsibility on the part of the employer to assess and manage risks to the work-related safety and health of the employee, regulated in accordance with the Health and Safety at Work, etc. Act 1974.

In the one instance where I appeared in an Employment Tribunal as an expert witness, I pointed out to the panel that the employer had failed to conduct a risk asssessment as they had actually conducted a grievance procedure which they had misrepresented to the employee as a risk assessment. The same confusion between the two Acts were at the root of the muddle which the H R Manager simply said he didn't know anything about.

The E T very, very strongly reprimanded the HR Manager and reached their judgment firmly i favour of the claimant. (They also gave my evidence the thumbs up in their official report.)

So, carry out a risk assessment or risk a claim for a Personal Injury claim which you are unable to justify. It's probably cheaper to pass on the risk by commissioning a registered ergonomist who's also a chartered safety and health practitioner and can advise you in detail on the process, for a 'good value' fee.