Many employees are unaware of their rights and responsibilities, as well as being unaware of the obligations and duties of their employers. It is only when an accident occurs that people tend to really take an interest in the finer points of liability and compensation law. However, being aware of the legal requirements can help in the event that an employee needs to decide whether or not they are in a position to make a personal injury claim.

Every employer has a duty of care to their employees. Within this remit, they are required to look after, as far as possible, the health, safety and welfare of their employees whilst they are in the workplace. This includes factors such as providing adequate first-aid facilities, ensuring that all machinery is well maintained and safe to operate and providing protective clothing and equipment if potential risks cannot be removed from the site.

An accident can have a range of effects on an employee’s personal and professional life, from a day or two’s absence from work to complete incapacity. In the event of any incident that causes injury, a claimant must first ascertain who is responsible. There are many guidelines available but, if the claimant is unaware of them, the best person to talk to is the company Health and Safety officer, who will be able to determine whether the accident is the employer’s responsibility.

It is worth noting that many employees are frightened of taking out personal injury claims against their employers, as they fear dismissal. Dismissal on these grounds is classed as unfair and could result in the employer facing a tribunal. In most cases, an employer will welcome the highlighting of any problems in the workplace; it gives them the opportunity to become compliant with standards set by the Health and Safety Executive and may prevent them from receiving more serious lawsuits in the future. Any payments that an employer has to make are generally made by their insurance company; a further legal requirement.

What you can claim for’ In the event that an employee makes a claim, it is better if they have an idea of what they are able to claim for. In general terms, an employee can claim for things such as compensation for suffering, pain, loss of amenity and loss of earnings. In addition, there may be other associated expenses that can be claimed for, such as medical bills, medication and travel expenses. The specific nature of any personal injury claim depends very much on the specifics of the accident but, with good legal representation, a claimant should be able to gain satisfactory compensation for their individual circumstances.

While it is reassuring for any employee to know that they have the option to bring their employer to account, the onus must surely be on the employers to ensure that these events do not occur in the first place. While financial compensation may offer some comfort in the event of an accident, it is an unpleasant way for employees to find out exactly what they are entitled to.

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Read more about Accident Claims Scotland at http://www.moffatandco.co.uk/personal-injury-articles/accident-claims-scotland.html .
Nick Jervis is a Solicitor (non-practising) and consultant to Edinburgh Solicitor and Personal Injury Specialist Stan Moffat of Moffat and Co. More details available at http://www.moffatandco.co.uk/personal-injury-articles/edinburgh-solicitor.html

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The question of discrimination can be confusing, however it is important that employers are aware of the legalities, or else they risk finding themselves at the centre of an expensive court case. Listed here are the key areas where discrimination can take place, and how to make sure you don’t fall foul of the law.

Age

The Employment Equality (Age) Regulations, which came into force on 1 October 2006, aim to achieve equal treatment in employment and vocational training to eradicate discrimination on the grounds of age.

It is unlawful to make employment decisions based on a person’s age. Retirement ages below 65 are unlawful unless they can be objectively justified.

This employment legislation also removes the upper age limits for unfair dismissal rights and statutory redundancy payments. Having a compulsory retirement age of 65 or over is not age discrimination, but you must make sure that you follow new statutory procedures. These include giving employees at least six months’ notice of their intended date of retirement and notifying them that they have the right to request to continue working beyond either the default retirement age or the normal retirement age set by the employer. Employers have a duty to consider such a request. It is therefore important to be aware of forthcoming retirements and to have the necessary systems in place for notifying employees and dealing with requests to continue working.

Create an age profile of existing staff so that you can plan for retirements. This can also be used to aid your recruitment policy, rectifying any obvious age imbalance in the workforce, and to ensure that equal access is given to training and other opportunities.
 Disability Under the Disability Discrimination Act 1995 (DDA), it is unlawful for employers to treat a disabled person less favourably than they would a non-disabled person or someone without that particular disability, unless it can be demonstrated that the treatment in question is justified. The DDA also states that employers must make reasonable alterations to the physical working environment and working conditions of any disabled employees so that they are not disadvantaged by their needs. The definition of ‘disability’ is a bit wider than you would think.

Sex

The Sex Discrimination Act 1975 outlaws discriminatory practices on grounds of sex in connection with recruitment, promotion, dismissal and access to benefits, services or facilities. In addition, there is a specific prohibition against harassment, sexual harassment and conduct of a sexual nature. The Equal Pay Act 1970 gives protection against discriminatory terms and conditions of employment, particularly pay and eligibility for pension scheme membership, where the difference is on the grounds of sex.

Race

The Race Relations Act 1976 makes it unlawful to discriminate against an employee because of their colour, race, nationality, ethnic or national origins. Where a prima facie case is established that the employer’s conduct is discriminatory, it is then up to them to demonstrate that it is not. Sometimes, what may appear to be a non-discriminatory requirement or condition, which applies equally to everyone, can be indirectly discriminatory. This could be because it can only be met by a smaller proportion of people that belong to a specific racial group.

Sexual Orientation

Discrimination on grounds of sexual orientation in an employment or vocational context is unlawful under The Employment Equality (Sexual Orientation) Regulations 2003.

The employment law status of a civil partner under the Regulations is comparable with that of a spouse. A civil partner who is treated less favourably than a married person in similar circumstances can bring a claim for sexual orientation discrimination. It is also unlawful to discriminate against transsexuals under the Sex Discrimination (Gender Reassignment) Regulations 1999.

Religion or Belief

Discrimination on grounds of religion or belief in an employment or vocational context is unlawful under The Employment Equality (Religion or Belief) Regulations 2003. It is important for employers to be aware of the requirements of an employee’s religion in order to ensure that employment policies and practices, even though they apply to all employees, do not put an individual member of staff at a particular disadvantage. Failure to allow employees to take time off for religious holidays and festivals can be classed as indirect discrimination.

There is no upper limit to the amount that can be awarded to claimants in discrimination cases.

In addition, recent employment law cases have seen employers found vicariously liable, under the Protection from Harassment Act 1997, for bullying and harassment of one employee by another in the workplace where there is a sufficiently clear link between the work and the harassment. It is important to have in place a strict equal treatment policy, but merely having a policy is not enough to comply with the law. You must take positive action that will enforce it and get rid of any behaviour from other employees that could cause anxiety or distress. Any incidence of such behaviour must be dealt with at once to the satisfaction of the alleged victim.

With unlimited amounts that can be awarded for successful discrimination cases in the employment tribunal, every employer should make sure that their policies and practice a lot discriminate for you anyway.

If faced with a discrimination problem, employers should always seek legal advice from a solicitor specialising in employment law discrimination.

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Bonallack & Bishop are a firm of specialist Discrimination Solicitors (http://www.bishopslaw.co.uk ) with a team experienced in Disability Discrimination Law. Senior Partner Tim Bishop is responsible for all major strategic decisions and has grown the firm by 1000% in 12 years. He has strong plans for its continued expansion and considers himself a businessman who owns a law firm.

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If you suffer a slip or trip accident that occurred because someone else was at fault, then you may be able to make a personal injury claim. Early action is vital, so be sure to seek legal advice as soon as possible.

What Is A Slip or Trip Accident?

A slip or trip accident is an unexpected accident that happens due to another person’s (or another organisation’s) negligence.

Slip or trip accidents can happen anywhere, and may not always amount to a personal injury claim. However, there are many instances in which a person or organisation has a duty of care to protect others from harm. For example, all property owner’s, landlords, and local councils have a duty to ensure areas of residence are safe. Similarly, employers have a responsibility to make sure the workplace is not dangerous, and public buildings such as supermarkets are obligated to ensure their premises are safe.

If these duties are ignored or fail to be carried out sufficiently, then it is possible a slip or trip accident may happen. There many situations that can lead to such an accident, the most common of which include:-

• Slippery floor from a spillage – eg. oil at a petrol station, or water on a freshly mopped floor;
• Badly maintained paths – eg. potholes, raised pavement slabs, protrusion of tree roots;
• Poorly fitted carpets;
• Obstructed walkways;
• A loose cable.

Slip and trip accidents are likely to result in the victim suffering an injury. This injury may be relatively minor, such as a sprained ankle, or more serious such as head injuries and long-term pain. If this has happened to you, then you should seek medical assistance before contacting a solicitor, as you may be entitled to claim compensation for your pain and suffering.

What Action Can You Take?

If you have suffered as a result of a slip or trip accident, then what action can you take? The first step after seeking medical attention is to secure the evidence. This is because while slip and trip accidents are unfortunately very common, they can be difficult to prove. You should record the details of the accident as soon as possible after the incident happened, and if possible you should take photographs of the location.

The next step is to contact a legal expert. A personal injury solicitor will be able to assess your case and let you know if you are eligible to make a claim. If it is found that another party was at fault for your injury, then you may be awarded compensation.

Summary

Slip and trip accidents happen all too frequently in the UK, and can often be prevented if the correct health and safety measures are followed. If the blame for a slip or trip accident can be attributed another party who has neglected to carry out their responsibilities, then you should contact a person injury lawyer to discuss whether or not you would like to make a personal injury claim.

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Need Accident Claim Solicitors Birmingham? http://www.pearsonrowe.co.uk/services-for-individuals/accidents.html

Find out how to claim Accident Compensation In Birmingham at http://pearsonrowe.co.uk/services-for-individuals/accidents/accident-claim-solicitors-birmingham.html .

Gary Storer is Practice Manager for Pearson Rowe Solicitors Birmingham.

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How do you define disability? It is easy when a person is blind, deaf, or cannot move without a wheelchair or crutches, but are there some not-so-obvious cases of disability where employers may find themselves discriminating or illegally terminating an employee? Such as a person who is deaf but can lip-read what you say. As I began to look at this whole topic I began to wonder how disability is defined. I found the ADA law (Americans with Disabilities) and its very helpful website (http://www.ada.gov/). I found this definition in the “Guide to Disability Rights Laws”.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

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This is a continuation of the article, Workplace Safety Part 1 and Part 2.

Company standards

The company, directors and managers need to set the standards when it comes to safety both for themselves and for the other employees. There is no point thinking that anyone is exempt from being safety conscious. The management and directors need to spend time improving on safety in the workplace. Any exceptions will increase the risks of accidents enormously.
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