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Barbara74  
#1 Posted : 05 January 2011 12:59:51(UTC)
Rank: New forum user
Barbara74

I have been told that by signing the Personal Emergency Evacuation Plan as a line manager, if anything happens to that individual during the evacuation then I would be personnally liable and they could sue me and not the company. Has anyone heard of this before or know where I can find more details?
Andy Petrie  
#2 Posted : 05 January 2011 13:11:45(UTC)
Rank: Forum user
Andy Petrie

you are signing in your role as line manager and therefore on behalf of the company, therefore the company remains liable not you individually
Heather Collins  
#3 Posted : 05 January 2011 13:19:00(UTC)
Rank: Super forum user
Heather Collins

The scaremonger who has told you this needs a good slap. Of course you retain an elememt of responsibility as a manager but as for suing you? So long as you are acting in the course of your employment, even if you WERE at fault your employer will be vicariously liable and (since they have insurance for this kind of thing) will remain the most likely party to be sued.
Canopener  
#4 Posted : 05 January 2011 13:38:58(UTC)
Rank: Super forum user
Canopener

Err yes, as has already been said, a bit of a slap is required! Firstly there is no requirement for a manager to sign a PEEP. Of course, a manager may well have some responsibility and/or accountability depending on the circumstances (as opposed to if ANYTHING happens), but this is likely to be an ‘internal’ matter. It is possible, but suggest unlikely that you could be held personally criminally liable, but any failure on your part would have to be pretty significant. In the vast majority of cases the employer would be held to be vicariously liable in the event of a claim for damages/personal injury.
Steve Sedgwick  
#5 Posted : 05 January 2011 14:56:36(UTC)
Rank: Super forum user
Steve Sedgwick

Barbara, as my colleagues have said what you have been told is rubbish. However, if act in an unscrupulous or negligent manner eg by telling you boss that you had implemented this properly, but had not, then you have a problem if someone is injured and there is a causal link to your action. Sign it if you believe it to be correct, or discuss amendments, make sure that it is implemented and trained out to your staff. This fulfills your duty in this instance. Steve
firesafety101  
#6 Posted : 05 January 2011 15:04:30(UTC)
Rank: Super forum user
firesafety101

I'm not sure about the good slap - if only? Yes this is scaremongering and they could be disciplined, I'm sure someone could find a reason. If it is a PEEP for an individual you should involve that person in the assessment and they should agree and also sign the document. Don't worry about negligence as long as you are considered competent.
ExDeeps  
#7 Posted : 05 January 2011 15:37:45(UTC)
Rank: Super forum user
ExDeeps

Barbara, Another way to look at it is the Lawyers will go where the money is - so unless you are personally very well off the chances are the company has the money (or insurance) and that's where the legal stuff will go, Jim
Bob Shillabeer  
#8 Posted : 05 January 2011 21:54:17(UTC)
Rank: Super forum user
Bob Shillabeer

It is important that the purpose of a PEEP is understood and practical by those who are required to implement it. The plan should be simple and capable of being implemented fully to enable the person to evacuate safely. If the plan does not achieve this it is not meeting the requirements needed. The plan should be drawn up with the persons assistance and signed by them to ensure they fully understand the requirements. In this sense the plan is simply a set of instructions to be followed in an emergency. I can not remeber any cases where a person has sued because the plan was either not implemented or was defective in any way. The main point is can the manager be sued if it doesn't work, I suggest the answer is NO as the plan is drawn up with the person involved and the company has the liability not the emploees involved in drawing up the plan anyway.
Barbara74  
#9 Posted : 06 January 2011 12:23:39(UTC)
Rank: New forum user
Barbara74

Hi Everyone, Thank you so much for your replies this has really helped! Barbara
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