There is often a difference between how a job should be done, and how it is done. The textbook way versus the practical get the job done way. It happens all the time, and for a variety of reasons – most commonly time and efficiency. Inevitably the textbook way takes longer.
But what happens when things go wrong??
We often find personal injury claims denied on the basis that the person suffering the accident was not doing the task the proper way – the textbook way. And, this can be a problem if that person had gone off on a frolic of their own, ignored their training, and decided theirs was the best way to do it.
But, what if that person was simply doing what everybody else does?? how that job was always done, even though it was not the trained way/the textbook way, what happens then??
There is a principle called condoned working practice. What this means in simple terms is that if an employer knows that employees are carrying out a task differently to how they were originally trained, then the employer should pull them up about this, and insist they follow the the textbook method.
If an employer does not, and allows employees to carry on as they are, then they are accepting that. They are condoning that method of working. Which in turns means they cannot then escape responsibility if an employee is injured whilst working in that way.
If you are unfortunate enough to be involved in an accident contact Andrew Marsden via any of our office numbers, drop an email to [email protected] , or use webchat on our website.
Initial advice is at no charge, and we should be able to act for you on a no win no fee basis, giving you peace of mind about legal fees.