The Employer's Duty: The Supreme Court States the Importance of Risk Assessments - Gordon Exall, Zenith Chambers & Hardwicke
02/03/16. In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application. It raises interesting issues as to the relevance of.
“It follows that the employer’s duty is no longer confined to taking such precautions as are commonly taken or, as Lord Dunedin put it, such other precautions as are so obviously wanted that it would be folly in anyone to neglect to provide them. A negligent omission can result from a failure to seek out knowledge of risks which are not in themselves obvious.”
“It follows that where an employee has been injured as a result of being exposed to a risk against which she should have been protected by the provision of PPE, and it is established that she would have used PPE if it had been provided, it will normally be reasonable to infer that the failure to provide the PPE made a material contribution to the causation of the injury. Such an inference is reasonable because the PPE which the employer failed to provide would, by definition, have prevented the risk or rendered injury highly unlikely, so far as...
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