Pictured: Faizal Essat
Many employers believe the law is biased against them but city
lawyers insist they have nothing to fear - as shown in a recent
case involving an injury to a two-year-old girl.
The toddler was walking along a street with her mother at the
same time as an engineer was carrying out repair work at the top of
a street light.
As the mother and daughter passed under the light, the engineer
accidentally dropped a reflector which hit the little girl. She
wasn't seriously injured but suffered a cut that required two
stitches.
Faizal Essat of Andersons Solicitors said: "It's the kind of
incident that gives employers nightmares. No one wants an injury to
an innocent passer-by on their conscience, especially a child.
"And there's also the fear of being prosecuted, and having to
pay compensation which could be crippling in the current
climate."
In this case, however, the firm was found to be blameless
because it had done everything possible to ensure public
safety.
It had followed all the legal procedures and provided the
engineer with the required training. The problem was that the
engineer had not followed those procedures and had failed to put up
safety barriers.
The Health and Safety Executive found that no blame could be
attached to the employer because the engineer "had been properly
trained by his employer to carry out this kind of work safely". The
HSE took no action against the employer but prosecuted the engineer
who was fined £2,250 and ordered to pay costs.
Faizal Essat said: "The law is not biased against employers
despite what many people think. As long as firms have the correct
legal and training procedures in place they should have little to
fear from the law, whether it's an employment issue, health and
safety matter or anything else."
For more information please contact Faizal Essat, Partner 0116
416 1966 or email fessat@andersonssolicitors.co.uk.