[Archer]

No point asking simple questions on this forum, you only get "SPECIAL" people being clever.

Thank you to all the normal helpful comments from members.

[stuart mc]

the employer can do whatever he see's fit, however the employee will be able to claim and go to an industrial tribunal for unfair dismissal and be pretty certain of winning I would have thought.

that of course if the employee is telling the whole truth

[Smudger]

Plus 1

Darran

[Dean Taberner]

It all depends on circumstances Chris,

My guys have all been window cleaners long before they worked for me, if they'd fallen from a ladder and said that I'd not shown them how to use one and then they'd sued me, I'd definitely be ready to sack them and after that cut their head off.

Its an interesting question though.

[robertphil]

cant understand why any employer would let a new worker up the ladders with no training    doesnt make sense

[Arnold Palmer]

Not enough information.

On the face - employer will lose the eventual tribunal.

[Archer]

Thanks lads,

i know the score, but a friend was here and i was explaining it to him.

His employer has given him no training whatsoever in anything and obviously has a duty of care to his employees and members of the public which he has not implemented.

Once again,

Thanks

[st teath windows]

I suppose it was better than talking about the demise of man utd

[SeanK]

Doesn't matter if he's been shown or not if he's had an accident at work then he can
put in a claim for compensation.
If the employer then sacks him he can claim for unfair dismissal.

[SherwoodCleaningSe]

Even if someone has experience in using a ladder, you should still provide training and get them to sign saying they have received it.

Simon

[CasaDeCabra]

Getting someone to sign something doesn't help at all.

It is the responsibility of the company to ensure that through risk assessment all and any risks have been identified and removed/reduced (through removing/re-working the task, method statements, safe systems of work, issue of PPE, training etc). You cant sign away your own or an employees safety.

You can have as many signed bits of paper as you want but without the previous you would be screwed. If the RA is effective and the resultant risks are manage correctly as a company you should not be liable. Wouldn't stop a shyster no win no fee lawyer trying to build a case mind.

[Clever Forum Name]

Gotta love the "a friend" thread lol.

[Tom White]

It all depends on circumstances Chris,

My guys have all been window cleaners long before they worked for me, if they'd fallen from a ladder and said that I'd not shown them how to use one and then they'd sued me, I'd definitely be ready to sack them and after that cut their head off.

Its an interesting question though.

When I was serving there was quite a famous case of a Royal Signals soldier who had been climbing ladders for 14 years, who fell, and sued the MOD because he'd never had any formal ladder training - or if he had - there was no documentation or proof that he had.

He won.

[Tom White]

My friend

What do you think ?

I think your friend is you; the title is a bit of a give away.

[SeanK]

Getting someone to sign something doesn't help at all.

It is the responsibility of the company to ensure that through risk assessment all and any risks have been identified and removed/reduced (through removing/re-working the task, method statements, safe systems of work, issue of PPE, training etc). You cant sign away your own or an employees safety.

You can have as many signed bits of paper as you want but without the previous you would be screwed. If the RA is effective and the resultant risks are manage correctly as a company you should not be liable. Wouldn't stop a shyster no win no fee lawyer trying to build a case mind.

Doesn't matter how many risk assessments you carry out if an employee is injured while working for you then your
liable.
What a risk assessment will stop is you being prosecuted for putting your employees in danger.
The reason you need to get an employee to sign it is to prove that the risks have been shown to him or her.
If there's nothing signed then its your word against theirs.

[Tom White]

Hi Tosh,

sorry to disappoint, but i had a friend here which is why i stated for a friend.

I know plenty about Health & Safety in the workplace and procedures for staff, as i have a number of large contracts where Health & Safety is paramount.

For that reason i also employ a Health & Safety consultant, so like to title stated it WAS for a friend.

You're weird, Archer, or you're drinking the bong water again.  Firstly, the title of this post does not indicate you're asking for a friend, and if you employ a health and safety consultant, why don't you just ask him? 

[Window Lickers]

why have you got to love the a friend thread ?

Re: If an employee has accident at work, if he claims against me - CAN I SACK HIM ?

[C o z y]

Hi Tosh,

sorry to disappoint, but i had a friend here which is why i stated for a friend.

I know plenty about Health & Safety in the workplace and procedures for staff, as i have a number of large contracts where Health & Safety is paramount.

For that reason i also employ a Health & Safety consultant, so like to title stated it WAS for a friend.

You're weird, Archer, or you're drinking the bong water again.  Firstly, the title of this post does not indicate you're asking for a friend, and if you employ a health and safety consultant, why don't you just ask him? 

Nice one.

[C o z y]

Oh no. Another phone call for me tonight after 12 am then 

[CleanClear]

Getting someone to sign something doesn't help at all.

It is the responsibility of the company to ensure that through risk assessment all and any risks have been identified and removed/reduced (through removing/re-working the task, method statements, safe systems of work, issue of PPE, training etc). You cant sign away your own or an employees safety.

You can have as many signed bits of paper as you want but without the previous you would be screwed. If the RA is effective and the resultant risks are manage correctly as a company you should not be liable. Wouldn't stop a shyster no win no fee lawyer trying to build a case mind.

Doesn't matter how many risk assessments you carry out if an employee is injured while working for you then your
liable.
What a risk assessment will stop is you being prosecuted for putting your employees in danger.
The reason you need to get an employee to sign it is to prove that the risks have been shown to him or her.
If there's nothing signed then its your word against theirs.

Its difficult to say if the employer will be liable, its not as cut and dried as you suggest. Also a risk assesment in itself will not protect an employer. You need to make periodic checks to make sure they are adhering to the safe working practices you've implemented. IN the case of an accident you'd need to establish if your employee was following the practices they had been instructed to use. Clear as mud i know !! :-)