Unsafe place of work

Ellis v Bristol City Council CA TLR 21 August

In allowing the appeal of the claimant from the dismissal of her claim against Bristol City Council for injuries suffered in a fall on a slippery surface, the judge should have considered the Code of Practice issued by the Health and Safety Commission when deciding whether her place of work was unsafe. The code was designed to give practical guidance to employers as to how to comply with the statutory duties. It should be taken as providing some assistance as to the meaning it was intended that safety regulations should have. The purpose of the provisions was to promote the safety of workers. If a smooth floor was frequently and regularly slippery because of a substance which lay upon it, albeit only temporarily, the surface of the floor might properly be said to be unsuitable if the slipperiness was such as to give rise to a risk to the safety of those employees using it. The Code of Practice supported that construction.