You are here

SMITH v NORTHAMPTONSHIRE COUNTY COUNCIL

Work equipment was "provided for use or used by an employee... at work" within the meaning of the Provision and Use of Work Equipment Regulations 1998 reg.3 if it had been incorporated into, and adopted as part of, the employer's business or other undertaking and was provided to the employee either by the employer or by someone else with the employer's consent.

26 May 2009

The appellant (S) appealed against a decision ((2008) EWCA Civ 181, (2008) 3 All ER 1054) that the respondent local authority was not liable under the Provision and Use of Work Equipment Regulations 1998 for the maintenance of an access ramp at the home of one of its service users. S was employed by the local authority as a driver and carer and was required to collect people from their homes and take them by minibus to a day centre. One of those whom she was required to collect was a wheelchair user who had a wooden ramp to enable her to manoeuvre her wheelchair out of her house. The ramp had been installed some years earlier by the NHS. S had used the ramp many times, but on the day in question it had crumbled beneath her foot, causing her to sustain injury. S sought damages from the local authority, claiming a breach of the Regulations. The judge at first instance held that the ramp was work equipment that was being used at work and that there had therefore been a breach of reg.5(...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.