We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Employers liability for injury to home carers

P. &. I Clubs Law and Practice

Employers liability for injury to home carers

Kennedy v Cordia (Services) LLP (Scotland) [2016] UKSC 6

The Supreme Court has held that an employer was liable for injuries suffered by a home carer when she slipped and fell on an icy path in the course of her employment. For some time, the risk of accidents of this kind has been a matter of concern to authorities responsible for providing health and social care in the community, at a time when there is a strong drive to treat more patients in their own homes. Here, failure to carry out a suitable risk assessment and provide personal protective equipment had amounted to breaches of the Management of Health and Safety at Work Regulations 1999 (SI 1999 No 3242) reg 3(1) and the Personal Protective Equipment at Work Regulations 1992 (SI 1992 No 2966) reg 4(1). This case also concerned the role of expert witnesses in civil cases. The Supreme Court issued guidance on the use of expert evidence, and its admissibility in civil cases, the responsibility of a party’s legal team to ensure that the expert performed his role, the role of the court in policing the performance of experts in the course of their duties, and the need for economy in litigation.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?


Request a trial Find out more