Michael James v EA Shaw
[2023] EWHC 2683 (KB)
An employer's duty under section 2 of the Health and Safety at Work Act 1974 to ensure the health, safety and welfare of employees extends to addressing risks specific to individual employees' disabilities.
Health and Safety at Work Act 1974, section 2
A relevant risk, for the purposes of health and safety legislation, is one materially related to the employer's activities. A risk need not be unique to the workplace to be actionable; a routine activity can become a workplace risk if the employer's actions compound or significantly alter it.
Health and Safety at Work Act 1974, section 2; Management of Health and Safety at Work Regulations 1999
The duty to carry out a suitable and sufficient risk assessment under the Management of Health and Safety at Work Regulations 1999 includes considering person-specific risks, particularly for employees with disabilities. The absence of such an assessment can be inferred from the lack of evidence.
Management of Health and Safety at Work Regulations 1999
The Equality Act 2010 does not replace or supersede the duties imposed by the Health and Safety at Work etc. Act 1974; they operate in distinct areas.
Equality Act 2010
The case of *R v Porter* [2008] EWCA Crim 1271 is distinguishable where the risk is not inherent in the employer's activities, but rather a general risk of life. Here, the employer's requirement that Gunn use the stairs compounded the existing risk.
R v Porter [2008] EWCA Crim 1271
The Court of Appeal refused the company's renewed application for leave to appeal.
The Court found that the company's actions created a material risk to Gunn's health and safety by requiring him to use the stairs to access his locker, despite knowing of his epilepsy and the concerns raised. Reasonably practicable steps could have been taken to mitigate this risk (moving the locker). The absence of a risk assessment further supported the conviction.