Chell v Tarmac Cement and Lime Ltd [2022]

Posted In: Case Law
  • Case Reference
    EWCA Civ 7
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Health and Safety, Contracts of Employment
Issues covered: Vicarious Liability; Practical Joke

The claimant was a site fitter employed by Roltech Engineering Ltd and he was contracted out to the defendant. The issue arose in September 2014 when the claimant was injured as a result of a practical joke on site. This involved the use of a pellet target which caused an explosion and led to the claimant suffering a perforated eardrum, hearing loss and tinnitus. The issue for the court was whether he could claim damages against the employer.   Both the County Court and the High Court held that the employer was not vicariously liable. 

The claimant brought an appeal to the Court of Appeal citing that there was an error of law in the application of the ‘sufficiently

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This article is correct at 18/01/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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