Employer’s liability: when is equipment covered?

The County Court in Bristol has recently handed down a judgment in the case of Ms Simish Chuhan v Dechart LLP.

Ms Chuhan was employed by the Defendants as an Associate Solicitor. As she pulled on a door handle fixed to a fire exit door, it came away. As a result, she sustained a head injury and sought a seven-figure compensation award, having been unable to work since the accident.

Her claim was based on the argument that the door handle was defective under the Employer’s Liability (Defective Equipment) Act 1969.

Her employers said it was not work equipment for the Act. They maintained they had an appropriate system of maintenance.

The Court agreed with the Defendants and held; the door was not work equipment because it was not equipment used for providing legal advice.

Past cases have concluded that the equipment needs to be ‘for the purposes of the employer’s business’. For example, a ship was equipment for a ship-owner and the flagstone is used for the purposes of repairing roads and would therefore be deemed equipment under the Act. The Court held in Ms Chuhan’s case; the door did not have a connection with a solicitor’s business. It is provided to complete a building as habitable and lawful in compliance with regulations. It does not contribute meaningfully to the business of the employer as such.

By contrast, equipment in an office that might fall within the scope of the Act includes items such as a kettle or photocopier, as these contribute to the functioning of the workplace.

Machinery in a factory is vital to many industries, supporting automation and production. Such equipment is typically regarded as work equipment because it is used for the purposes of the business. As such, it must be fitted with appropriate safety mechanisms, such as guards and kill switches, to prevent entanglement with clothing and the crushing of limbs or fingers. Protection is also required to prevent burns and scalds from both hot and cold surfaces, as well as from steam, water, and other hazardous liquids. Risks such as electric shock, burns, faulty wiring, or malfunctioning components must also be addressed. The absence of adequate safety systems can render machinery defective under the Employer’s Liability (Defective Equipment) Act 1969.

In addition, employers are required to conduct risk assessments and consider how staff interact with the machinery and identify potential hazards. Fixing guards and physical barriers around the dangers of machine parts to prevent access. Safety switches to disable machines and stop moving parts when they are accessed. Machinery safety is not an option - it’s a necessity. By guarding against uncontrolled hazards, we protect workers from life-altering injuries. Employers, employees, and safety professionals must collaborate to create a safer work environment.

How Forbes Solicitors Can Help You

If you’ve suffered an injury at work due to faulty equipment or unsafe conditions, our specialist Personal Injury team is here to help. At Forbes Solicitors, our experienced no win, no fee solicitors will assess your case and advise on whether you have a claim. We offer legal services nationwide, with consultations available by phone, video call or in-person at any of our UK offices.

Whether your injury involved defective machinery or unsafe fixtures in the workplace, we’re committed to securing the compensation you deserve. Contact our Personal Injury team today for expert legal advice with no upfront costs.