Hilary Term
[2016] UKSC 6
On appeal from: [2014] CSIH 76
| JUDGMENT |
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland)
before
Lady Hale, Deputy President
Lord Wilson
Lord Reed
Lord Toulson
Lord Hodge
JUDGMENT GIVEN ON
10 February 2016
Heard on 19 October 2015
Appellant Respondent Frank Burton QC Andrew Smith QC Ian Mackay QC Jillian Martin-Brown Euan G Mackenzie (Instructed by Digby (Instructed by Glasgow Brown LLP) City Council) LORD REED AND LORD HODGE: (with whom Lady Hale, Lord Wilson and Lord Toulson agree)
1. This appeal from the Court of Session arises from an accident of an everyday kind, but raises a number of issues of practical importance relating to the Personal
Protective Equipment at Work Regulations 1992 (“the PPE Regulations”) (SI
1992/2966) and the Management of Health and Safety at Work Regulations 1999
(“the Management Regulations”) (SI 1999/3242), to employers’ liability at common
law, and to expert evidence in this field.
The accident
2. The appellant, Miss Kennedy, was employed by the respondents, Cordia
(Services) LLP (“Cordia”), as a home carer in Glasgow. Cordia are wholly owned
by Glasgow City Council, and provide home care services on its behalf. Those
services were previously provided by the Council itself. Miss Kennedy’s principal
duty was to visit individuals in their homes and to provide them with personal care.
3. At about 8 pm on 18 December 2010 Miss Kennedy was required to visit an elderly lady, Mrs Craig, who was terminally ill and incontinent, at her home in order to provide her with palliative and personal care. The visit was one of a series of visits
carried out by Miss Kennedy during her shift. She travelled to Mrs Craig’s house
after visiting another client.
4. There had been severe wintry conditions in central Scotland for a number of weeks prior to that date, with snow and ice lying on the ground. Miss Kennedy was driven to the house by a colleague, who parked her car close to a public footpath leading to the house. The footpath was on a slope, and was covered in fresh snow overlying ice. It had not been gritted or salted. Miss Kennedy was wearing flat boots with ridged soles. After taking a few steps along the footpath, she slipped and fell to the ground, injuring her wrist.
Risk assessments and precautions
5. Cordia were aware of the risk that their home carers might slip and fall on
snow and ice when travelling to and from clients’ houses in winter. On average, four
such accidents had been reported to them, or to their predecessors the Council, during each year since 2005. During 2010 there were 16 such accidents. Cordia were also aware of the snowy and icy conditions on the night in question, as those conditions had persisted for weeks.
6. In 2005 the Council carried out a risk assessment in relation to home care services and client care. It covered risks involved in “travelling to and from work locations”. The assessment noted the risk…
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- Kennedy v Cordia (Services) LLP [2016] UKSC 6
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- [2016] UKSC 6
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