Fri, 04 Mar 2011
Nick Xydias has successfully represented a Claimant on behalf of Thompsons Solicitors Derby office in the High Court in London in a case concerning the scope and purpose of the Personal Protective Equipment at Work Regulations 1992. The issue in the case was whether employers are obliged to provide waterproof clothing to employees pursuant to the Personal Protective equipment at Work Regulation 1992.
The Claimant was allowed to work in damp and wet conditions with non-waterproof clothing without the risk of traumatic injury but with the risk (according to the Claimant) of developing some form of cold, flu etc.
The Defendant claimed there was no risk of injury without specific evidence on the point and maintained the provision of waterproof clothing was merely a question of comfort and convenience.
HHJ Darroch upheld the claim at Norwich County Court and the Defendant appealed to the High Court in relation to the trial judge's interpretation of the Regulations. Mr Justice Spencer dismissed the appeal and agreed that the scope of the Regulations should cover employees working in damp conditions for prolonged periods, even if there was no expert or other evidence to confirm a risk of injury.
Please click here to read the full article as reported by BBC News. The full judgment is to be reported on Lawtel in due course.