Avoid slip ups in the work place this winter

Employers have a duty to make icy paths safe for staff

by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson​

It doesn't seem that long ago since I wrote an article about maximum temperatures in the workplace when the staff in our office were wilting in the summer heat. Now winter is almost upon us and while it hasn't snowed yet, it has been fairly icy on some clear mornings.

One issue that begins to worry all retailers, including licensees, at this time of year, is the obligation to de-ice private pathways, steps and car parks.

In law, such an obligation owed to staff, customers and the general public is called a "duty of care" and any person failing to fulfil their duty can be sued for negligence.

What is not entirely clear is how far this duty extends in relation to the de-icing of car parks and pathways.

While it is clear that the local authority has some obligation (although not an immediate obligation) to de-ice public roads and pavements, the obligation becomes more complex when private land is under consideration.

In relation to employees, it has been established that prioritising the treatment of icy paths and walkways may be sufficient to defend a negligence action.

In one case, an employee who was injured in a fall on an icy car park, failed to recover damages against his employers, even though the car park had not been gritted as recommended by engineers.

In this case, the employer had treated the paths and walkways, but did not treat the car park.

In relation to customers and the general public, it is likely that your obligation may be more onerous, although the legal obligation is by no means clear.

In one case, an individual who slipped on a patch of ice formed on the pavement from liquid overflow at a company's premises, recovered against the company's insurers.

In practical terms, I would recommend that you ensure that any walkways and pathways on your land are salted and gritted to avoid any build-up of ice which may cause a hazard to your staff or customers.

It may also be wise to arrange for your car park to be treated if it starts to resemble a skating rink, but this obligation is by no means clear.

If you do treat these areas, then a written record of what action was taken would be helpful to defend a claim, if one was lodged against you.

It is, without doubt, a good idea to create a safe environment for your customers and you may wish to go beyond your strict duty of care when considering which areas to de-ice.

Ultimately, your insurers are likely to cover your liability, should an individual be injured on your premises. However, it is in your interests to keep claims to a minimum to avoid escalating insurance premiums, which will hit everybody involved in the industry.