Ghaith v Indesit Company UK Ltd [2012] EWCA Civ 642

Posted In: Case Law
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
Issues covered: Industrial Injury; Mediation

This was an appeal by the Claimant against a decision which had dismissed his claim against his employer for injuring his back whilst stock-taking. The claim was based on breach of Regulation 4 of the Manual Handling Operations Regulations 1992. Amongst other things the CA accepted the Claimant‟s submissions that:-1. The burden of proof was on the employer to show that they had reduced the risk of injury to the lowest level reasonably practicable. In practice, the burden is very difficult to discharge (and had not been discharged in this case). 2. It was not obligatory for the employee to suggest things which the employer should have done but

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This article is correct at 18/05/2012

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