Employer’s Liability Case Update. Martyn Gabbitass ACII ACILA QuestGates Ltd. Work Equipment The ‘new’ starting point?. Spencer-Franks v. Kellogg Brown & Root Ltd & Others (HL2008). Spencer-Franks. The Facts: Claimant, technician employed by 1 st Defendant
Martyn Gabbitass ACII ACILA
Spencer-Franks v. Kellogg Brown & Root Ltd & Others (HL2008)
Claimant, technician employed by 1st Defendant
1st Defendant supplied workers to 2nd Defendant who operated
Claimant repairing door closer.
Closer mechanism defective & Claimant struck in face.
Overturned Hammond v. Commissioner of Police of the
Metropolis & Others (CA2004)
No distinction can be drawn from person using equipment.
Door closer work equipment to those in control room (2nd
Held closer to be work equipment whilst Claimant repairing it
even though not using it as intended.
‘Goal posts’ extended.
Spencer-Franks confirms equipment being repaired
covered by PUWER even if not being used for intended
purpose. However, did not clarify whether employer
should be liable for equipment supplied by third party.
(Agreement reached between Defendants not to ‘test’ this
Control remains ‘live’ issue.
Smith v. Northamptonshire C.C. (CA2008)Held:
County Council not liable for injury where employee using
ramp at private residence.
Specific comment made: installations within premises only
work equipment if employer had right or control over
Claimant – HGV driver driving too fast.
Claimant alleged makeshift tool had caught in his trouser leg
and employer failed to provide suitable place to keep tool.
Claimant lost and appealed.
Appeal dismissed. Held: PUWER did not apply to tool because
employer had not permitted its use.
Turkey plucker suffering campylobacter enteritis.
Pleaded Fairchild – materially increased risk.
Overturned by Court of Appeal – “but for” test reinforced.
Apprentice on building site.
Fixing timber strips to roof rafters.
Supervisor called away.
Claimant pulled himself up into roof space, swung back down
& struck head.
Held – simple task; actions not foreseeable; equipment
provided; provision of training/information would not have
prevented Claimant’s accident.
Employed since 1979. Estate Manager since 1985.
Nervous breakdown 2004. Alleged long hours.
Held: Injury not reasonably foreseeable. Hatton