As lockdown begins to lift, should employers allow Clinically Extremely Vulnerable employees return to work?

We consider the employment law and liability aspects of CEV employees wanting to return to the workplace.

As the vaccine roll out continues to progress at speed and lockdown restrictions gradually ease, employers are likely to be contemplating and planning for the return to work for their employees, including those who are Clinically Extremely Vulnerable ('CEV'). CEV individuals will have received a letter from the NHS or their GP confirming their status as CEV and have been identified as such as they are at high risk of becoming seriously ill in the event of contracting Covid-19.

Chemical manufacturing company fined after employee scalded with boiling water

Calachem Limited, a chemical manufacturing company, has been fined after an employee was scalded with boiling water during a cleaning operation.

Falkirk Sheriff Court heard that on 4 March 2016, work was undertaken to clean down part of a production plant in Grangemouth, Scotland.

Waste and recycling company fined for safety failings

A waste and recycling company has been fined after an employee sustained serious injuries to his arm when it became entangled in the automatic roof sheeting mechanism of a visiting articulated truck.

In April 2019 a 22-year-old labourer had been working at Johnsons Scrap Metal Limited, assisting in loading a 44-tonne articulated third party vehicle with waste wood.

Duties of Care for Sport Governing Bodies

The Government's Digital, Culture, Media and Sport Committee has commenced its inquiry into concussion in sport, with specific reference to the links between head trauma and dementia, and how the risks can be mitigated. The inquiry will not deal with individual cases or comment on existing legal proceedings, but it will consider the implications of successful legal action and the impact on sport in the longer term.

Interesting Changes to Part 36 - Defendants beware!

Rule changes to Part 36 offers mean that defendants need to be even more wary than before of the terms of Part 36 offers made by claimants.

The Civil Procedure (Amendment) Rules 2021 which come into effect from the 6 April 2021 amend Part 36 with a new rule 36.5 (5) which says that Part 36 offers can include provision for interest to accrue after the expiry of the relevant period for acceptance (usually 21 days). Silence as to interest means it will be treated as inclusive of interest up to the date of acceptance if later accepted.

At last, the whiplash reforms rules and start date are announced

The new rules setting out the process for claiming damages arising from road traffic accidents (RTAs), and the tariff for damages that applies specifically to whiplash claims from RTAs come into force on 31 May 2021.

They have been a long time coming, having been announced by the Government as long ago as 2015, but at last, they are here.

Design Feature of manhole cover not "dangerous" for purposes of a highway fall claim

Forbes recently successfully defended a tripping claim brought against its client, Blackburn with Darwen Borough Council. Additionally, the claimant sued the Water Authority who was responsible for the manhole cover alleged to have been involved in the claimant's accident.

The claimant said that she was walking on the road in question late at night. She described how the left heel of her shoe went into a hole in the middle of the manhole cover. She described the hole as being 4cm long and 6cm wide.

Forbes at Trial - Claimant v A Rollerblade rink provider

What does a claimant undertaking a leisure activity have to prove to successfully claim against the organiser of the activity and owner of the premises when an accident occurs, leaving him injured?

This was the question in a recent claim that Forbes successfully defended which was brought by a teacher who said that he had injured himself whilst roller skating when taking a group of pupils to a roller rink.

Theme park fined £1 million following fatal water ride incident

Drayton Manor Park Ltd has been sentenced following the tragic death of a schoolgirl on its Splash Canyon water ride in 2017. This is another high profile prosecution of a theme park, following the Lightwater Valley one that we reported on in our January 2021 E News. (Follow this link to read our report).

Stafford Crown Court heard how, on the 9 May 2017, 11-year-old Evha Jannath was on a school trip when she fell out of a raft on the Splash Canyon water ride into the ride's water trough. She was able to wade to the conveyer belt at the end of the ride and climb onto it, but then fell into a section of deeper water and drowned.

Upcoming events

Emerging from the pandemic webinar - 10am – 11:45am, 23rd April

Aon/Forbes/RMP would like to examine some of the changes through a three part series of seminars covering the changing risk profile of the public sector, how our futures maybe so affected, and finally how organisations can begin to plan for the change. To book your place please click here.

ALARM Virtual Conference - 21st - 25th  June

We will be attending the virtual conference this year and hosting an interactive webinar on a Mock Health & Safety Incident. The team from Forbes and RMP will guide delegates through the mock incident circumstances and delegates shall then be invited to strategically plan their response to it. Be sure to join us 11.30am to 12.30pm on Tuesday 22nd June. You will also be able to take a look at our virtual exhibition stand where you'll find further useful information. 

As of 1 March we will centralising our post systems

Our new PO Box number is 686

and our DX is 17952

Please only use these numbers going forward.