Description
On 17.05.12, the Court of Appeal gave judgment allowing the Claimant's appeal in Ghaith v Indesit Co UK Ltd, [2012] EWCA Civ 642, [2012] All ER (D) 205 (May). The case centred on Regulation 4 of the Manual Handling Regulations 1992, the Claimant having suffered a back injury when clearing out his employer's van. The Court of Appeal found on the facts of the case that there had not been a suitable or sufficient risk assessment by the employer. That the onus was on the employer to show that all reasonably practicable steps had been taken to reduce the risk. In this case the Claimant could have been given longer breaks which would have limited the risk to him. Egan v Central Manchester and Manchester Children's University Hospitals NHS Trust 2008] EWCA Civ 1424 applied.
