SAFETY INSTRUCTIONS TO STAFF

Area of law: Employment law
Country: United Kingdom


Hi,

I'd appreciate advice concerning issuing Guidance/ Instructions to staff that may impinge on their right/duty in Common law to take a course of action, by prohibiting the taking of such action on safety grounds.

Examples are:

In view of the well documented risks, advising retail store staff (including security guards and store dectectives):


1. Not to challenge suspected shoplifter(s) single handed
2. Not to chase after suspected shoplifters who run away when challenged


In view of the well documented risks of injury to self and others, advising care staff:

1. Not to attempt to arrest the fall of a patient who is falling
2. Not to single handedly attempt to lift a patient who has fallen down


In view of the well documented risks, advising care staff (including security guards and porters):

1. Not to attempt to physically restrain a violent patient single handed
2. Not to attempt to single handedly eject a trespasser
3. Not to attempt to forcibly disarm a person who is armed with a weapon


Employers have a duty to warn employees about risks that may affect them at work and an obligation to prohibit unsafe practice. So, it would be remiss of employers not to issue such guidance. Yet, at the same time, staff as citizens have duties in law which are accompanied by legal rights to do what they consider is reasonably necessary in the circumstances, which may include doing what their employer has prohibited them from doing.

So, is it lawful to prohibit the kind of conduct described above?

I'm also interested to know whether or not, if an employee ignores the employers Safety Instructions and harm happens to them (i.e. the employee) is their employer's liability for the harm they suffer affected? (reduced?)

And, if the employee ignores the employer's Safety Instructions, could they be legitimately disciplined/ sacked for Gross Misconduct if their action was not unlawful?

Best wishes,

Jim O'Dwyer
Aegis Protective Services
Tel: 01202 773736
Email: info@aegis-training.com
Web: www.aegis-training.com

You can advise them and if they do not follow your instructions their liability could indeed increase.

Often these events are looked at in context however as in some cases it all may happen so fast that people are reacting by instinct if danger exists etc.

But yes you can put strict rules in place and they will govern and will reduce liability in some cases.

Thanks for your advice.

Are you able to say whether or not an employee who ignores the employer's Safety Instructions could be legitimately disciplined/ sacked for Gross Misconduct if their action was not unlawful?

Best wishes,

Jim O'Dwyer
Aegis Protective Services
Tel: 01202 773736
Email: info@aegis-training.com
Web: www.aegis-training.com

[annjd]

Normally not "for cause" for that reason if they acted accidentally etc.

If they purposely and willfully disobey that is another issue.

...but of course you may dismiss for just about any reason if there is no contract or union

Thank you for clarifying that. Much appreciated!

Would you agree that it would be remiss of an employer not to warn employees against engaging in these kinds of 'high risk' behaviours?

And, if so, how serious a failing would not warning them be in the event of harm happening to an employee/ third party and the matter coming to court?

Best wishes,

Jim O'Dwyer
Aegis Protective Services
Tel: 01202 773736
Email: info@aegis-training.com
Web: www.aegis-training.com