Strutt & Parker LLP organised a team-building day in the country, which included a cycling race. Two partners of the firm and its head of safety met in advance to discuss the race. On the day, only one participant wore a helmet. The plaintiff in Reynolds v Strutt & Parker LLP, [2011] EWHC 2263 (Ch), was one of those who did not – and he crashed into another rider, causing himself serious brain injuries.
The court found that the firm was not liable for breach of workplace safety legislation because Reynolds was not there in the course of his employment. It was liable, however, for breach of its duty of care in failing to carry out a proper risk assessment; the risks of the race were obvious.
But they should have been obvious to Reynolds as well: the court found that he acted with reckless disregard for his own safety, resulting in a finding that his contributory negligence caused two-thirds of his damages, yet to be assessed.
