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Litigation Letter

Duty to Train Employee

Tasci V Pekalp of London Ltd (TLR 17 January CA)

The duty of an employer to train an employee in the use of a woodworking machine, set out in regulation 13(2) of the Woodworking Machines Regulations 1974, not only involved giving a comprehensive explanation in ordinary language of the dangers involved in the use of the machine, but also involved some appraisal as to whether the employee understood the instructions and the dangers of the machine, particularly where the employee was a refugee with limited England. It was likely that the claimant had been extremely anxious to obtain employment and had no doubt been economical with the truth about his previous experience. A prudent employer would have known not to place reliance on what he said and would have treated him as a total novice.

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