The case of Reynolds v Strutt & Parker LLP (2011) is a tragic case in which an employee of Strutt & Parker (SP) sustained serious brain injuries in a cycling race organised by his employers as part of a work event.
Two partners from SP had organised an afternoon of events for employees at a country park. The final event was a cycling race. The partners and the company’s head of safety had met before the event and discussed the safety of using certain types of bicycles and decided that mountain bikes were not to be used.
On the day of the race, only one rider wore a helmet. Near the end of the race, Mr Reynolds’ bicycle collided with another.
Mr Reynolds brought a civil claim against SP alleging a breach of the common law duty owed by employers to employees and a breach of various duties under health and safety legislation.
The court heard from an expert who suggested that if Mr Reynolds had been wearing a helmet, it was unlikely that he would have sustained the injuries he did.
The court held that Mr Reynolds as not at the event in the course of his employment so there was no breach of statutory duty. However, the partners from SP had breached their common law duty of care. Neither partner had the skills or knowledge to carry out a risk assessment and they had missed the most obvious risk of collision. There was a failure to carry out a sufficient risk assessment and to seek the advice of the people operating the park which would have been the common sense thing to do in the circumstances. The court said that the risk of collision and the potential consequences were obvious and that if they had told Mr Reynolds to wear a helmet and he had not complied, then he should have been excluded from the race.
The court found that SP had been negligent in failing to tell riders about the need to wear helmets.
When looking at Mr Reynold’s actions, the court found that he had had a reckless disregard for his own safety and that he was aware that helmets were available.
The court found SP liable for the accident and Mr Reynold’s two thirds contributorily negligent, so SP will be liable for a third of Mr Reynold’s claim for damages. The amount of the award has yet to be determined
The short moral of this case…
is that employers must not take their eyes off the ball with regards to risk assessments and must seek advice when unsure of the risks of a certain activity or what measures to put in place to control identified risks.
Are you tired of spending hours online searching for jobs? Applying for hundreds of positions and not receiving so much as an acknowledgement? Fed-up of being unemployed or unhappy with your current career path? Here at Wote Street People, we always strive to find the perfect match between candidate and employer – something that cannot[…..]
Wote Street People sponsors University of Winchester Resilience Award With Christmas nearly upon us, the ‘silly season’ starts – parties ramp up, office life slows down, and chat about what everyone is doing this year is as plentiful as the supply of festive bakes. But it’s not the most wonderful time of the year for[…..]
Another year is almost over and with less than 50 shopping days before Christmas, you may also be thinking about a career move in the New Year. Why not consider a job in Basingstoke? Located in Basing View, one of Basingstoke’s growing business communities, Wote Street People know what a great place Basingstoke is to[…..]
– “Graduates want more from life – we know we’re going to live ‘til we’re 100, have five different careers in our lifetimes, so we want to enjoy ourselves.” – The summer months always see an influx of enthusiastic graduates, fresh from universities and business schools across the UK; looking to establish their career path[…..]
According to the CIPD report, women over the age of 50 are the fastest growing segment of the workforce. So, why do so many suffer from age discrimination? Possibly it’s to do with the common, but sometimes misunderstood symptoms that affect lots of women between the ages of 45-55, including hot flushes, headaches, aches and[…..]