The claimant suffered a back injury lifting materials from a van during a stock take. Held: The court considered the issue of causation under the Regulations. Longmore LJ said: ‘This is not a separate hurdle for the employee, granted that the onus is on the employer to prove that he took appropriate steps to reduce … Continue reading Ghaith v Indesit Company UK Ltd: CA 17 May 2012
Citations: [2001] EWCA Civ 1663 Links: Bailii Statutes: Manual Handling Operations Regulations 1992 Jurisdiction: England and Wales Personal Injury Updated: 11 October 2022; Ref: scu.218535
Judges: Waller LJ, Rix LJ, Keene LJ Citations: [2007] EWCA Civ 967 Links: Bailii Statutes: Manual Handling Operations Regulations 1992 Jurisdiction: England and Wales Personal Injury, Health and Safety Updated: 12 July 2022; Ref: scu.259875
The company appealed a notice requiring them to avoid th eneed for its employees to carry out manual handling operations. Held: The notice was inadequate, and the magistrates had been wrong to try to improve it by adding to it. The inspector had been ready to consider an alternative such as training but this had … Continue reading BT Fleet Ltd v McKenna: Admn 17 Mar 2005
The claimant appealed dismissal of his claim for damages after he was injured at work. He claimed he had been asked to work in breach of the Regulations. Held: It was easy but wrong to conflate the issues of causation and forseeability. The judge had so erred. The issue of causation should be tested only … Continue reading O’Neill v DSG Retail Ltd: CA 31 Jul 2002
The claimant sought damages for personal injuries after injuring her back at work as a caretaker. She alleged a failure to provide a safe system of work. She was asked to move folding tables weighing up to 30lbs. They were to be stored vertically. She hurt her back lifting one from the vertical to a … Continue reading Kerr v North Ayrshire Council: SCS 16 Jan 2002
The appellant was employed by the first respondents as a steam cleaning operative. The first respondent had contracted to supply cleaning services to the second respondent at one of the second respondent’s yards, where buses were cleaned. The appellant’s place of employment was at that yard. The yard was iced and despite attempts to grit … Continue reading King v RCO Support Services Limited and Yorkshire Traction Company Limited: CA 8 Dec 2000
Where an employer required employees to carry weights which might lead to injury, he should provide the employee concerned with some indication of when the general weight involved, and if possible the exact weight. Having carried out a risk assessment alone was not sufficient. The Regulations must be read disjunctively. Citations: Times 24-Apr-2000 Statutes: Manual … Continue reading Swain v Denso Martin Ltd: CA 24 Apr 2000
Tomlinson LJ [2015] EWCA Civ 859 Bailii Manual Handling Operations Regulations 1992 England and Wales Personal Injury Updated: 03 January 2022; Ref: scu.551259
The claimant appealed against dismissal of her claim for personal injuries. She was employed as a teaching assistant providing support for children with mobility issues. She said that she suffered a soft tissue injury in her cervical spine and in her right, dominant, shoulder as a consequence of pushing one or more students in their … Continue reading Sloan v The Governors of Rastrick High School: CA 29 Jul 2014
The pursuer, a firefighter, sought damages for injury incurred during a drill. The drill involved manipulating a ladder, which was caught by the wind, a known risk in such exercises.
Held: The defenders had failed to discharge the burden on . .
The Claimant worked in the Respondent’s school as a Learning Support Assistant. Her duties included giving physical support and assistance to pupils. In particular, from September 2017, she was required to give support to a disabled pupil, which . .