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Posted By B Robinson
I have a scenario that I would appreciate your views on.
Employee has a mobility disability and put the employer on notice of a requirement for reasonable adjustments. The employer delays getting occupational health reports and the adjustments are not made. As a direct consequence of not having the adjustments the employee has an accident and is inujured and unable to work. The Company did not carry out any personal risk assessment in relation to the employee. What is the legal position should the employee wish to take this matter to Court? What defence would the Company have to the Duty of Care and duty to carry out risk assessments.
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Rank: Guest
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Posted By D H
Hi - I would suggest that your company will be in deep trouble.
If it was reasonably forseeable that the employee could be injured then the duty of care is to protect that employee from that injury. Especially if the employee actually told the company of his problems and possible controls to assist him and reduce the risks.
The duty of care to keep people safe has been breached and injury resulted from that breach of duty of care then the company has been negligent in that duty of care.
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Rank: Guest
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Posted By B Robinson
Thank you DH for your response.
I know the employee is pursuing a personal injury claim. Would the breach of duty of care be covered in that claim or could the employee also pursue legal action for the Health and Safety breaches separately in a Employment Tribunal or in Civil Court ie. County Court.
Thank you again for your help.
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