The Court of Appeal has ruled that a firm is not vicariously or directly liable for an injury at one of its worksites that happened as a result of an attempted practical joke by one of its employees.
Upholding a previous ruling by the High Court, the Court of Appeal found that Tarmac Cement and Lime Limited was not liable for injuries suffered by Andrew Chell, who was working at one of its sites as a contracted fitter, caused when an employee intentionally detonated two explosive pellets close to Chell, nor was it vicariously liable for the actions of the employee.
Lady Justice Nicola Davies added that it would be “unreasonable and unrealistic” to expect an employer to have a system to ensure that their employees did not engage in “horseplay”.
“Common sense decreed that horseplay was not appropriate at a working site,” said Davies in her ruling, adding that fitters were employed to carry out their respective tasks using reasonable skill and care, and by implication to refrain from horseplay.
The judges also said that Tarmac’s general site rules prohibited “intentionally or recklessly” misusing any equipment, which it considered a warning against exactly the behaviour of Anthony Heath, who had placed two explosive pellets next to Chell’s ear and hit them with a hammer.
Experts have said the ruling will be a welcome relief for employers. “Employers will draw comfort from this judgment, especially given its binding authority on lower courts”, said Alan Lewis, partner at...
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