Kennedy v Cordia (Services) LLP [10.02.16]
In this Scottish case, Miss Kennedy was employed by Cordia as a home carer. On 18 December 2010, she slipped on an icy footpath leading to the home of a client. The Supreme Court held that Cordia was liable for the accident. There had been a failure to carry out a suitable and sufficient risk assessment, in breach of the Management of Health and Safety at Work Regulations 1999. This would have identified that the risk of slipping would be reduced by the provision of anti-slip shoe attachments. The failure to provide these was in breach of the Personal Protective Equipment at Work Regulations 1992. There had also been a breach of Cordia’s common law duty of care to Miss Kennedy.
The accident occurred before s.69 Enterprise and Regulatory Reform Act 2013 came into force, although in this case the outcome would have been the same.