Called in in snow now injured

atrixblue.-MFR-.

OK so the answer is, when an employer calls you in and its not safe conditions outside such as for E.G 6inch laying snow and 6ft drifts, even layered up if you fall and hurt or damage yourself your employer becomes liable reasonable distance or not to walk in, 4 miles as the crow flies longer by car, even longer by walking.


In this case, the employer cancelled ALL days off, it was my wifes day off, then called in primary and secondary on call too, so there were over staffing issues that led to my wife after doing a 12hour the day before, sleeping at a relatives house over night returning to work to find there wasn't any need for her due to over staffing then walking back home making her injury worse.
The advice is seek a solicitor.


I deleted it as I found the MSE guide on snow days (googled some more on it as lets face it MSE isn't always right or factual these days, no one commented, so I thought it would be deleted in the end by board guide.

JReacher1

atrixblue.-MFR-. wrote: »

OK so the answer is, when an employer calls you in and its not safe conditions outside such as for E.G 6inch laying snow and 6ft drifts, even layered up if you fall and hurt or damage yourself your employer becomes liable reasonable distance or not to walk in, 4 miles as the crow flies longer by car, even longer by walking.


In this case, the employer cancelled ALL days off, it was my wifes day off, then called in primary and secondary on call too, so there were over staffing issues that led to my wife after doing a 12hour the day before, sleeping at a relatives house over night returning to work to find there wasn't any need for her due to over staffing then walking back home making her injury worse.
The advice is seek a solicitor.


I deleted it as I found the MSE guide on snow days (googled some more on it as lets face it MSE isn't always right or factual these days, no one commented, so I thought it would be deleted in the end by board guide.

I don’t think this is true. I’m not sure a company is liable for someone injuring themselves on the way to or from work.

agrinnall

Thanks for coming back to explain. I think you were probably a bit hasty to delete after only 15 minutes.

What else did you find to back up the view that the employer is responsible, as it seems a bit unlikely?

unforeseen

The employer may have called you in BUT its your responsibility to risk assess the situation. The employer can't do that for you

RichardD1970

Manxman_in_exile wrote: »

Well that surgeon in Strathclyde who walked eight miles in just under three hours with "snow goggles, all Goretexed up, and with snow shoes and walking poles" (I quote from memory - apologies if I'm slightly wrong) knew what she was doing!


I know that was Scotland (understandable) but my wife has walked to and from work (four mile round trip) from Wednesday to Friday. Lots of layers, warm parka, two layers of gloves, Meindl boots (no snow shoes but two layers of socks), walking poles for stability, and a Cossack hat to keep her brain working! (Not sure if that last bit was successful or not. It's hard to tell!).


Obviously, I don't know what happened to the OP as it's gone.

To be honest, I was more on about driving and the road system girding to a halt.

There is a whole generation of drivers out there who have very rarely, if ever, experienced conditions such as these and won't have a clue how to handle them and even some of the "older" drivers can't cope because it's such a rare occurrence.

Walking and kitting yourself out for the conditions should be a matter of common sense wherever you are from.

TELLIT01

Manxman_in_exile wrote: »

Well that surgeon in Strathclyde who walked eight miles in just under three hours with "snow goggles, all Goretexed up, and with snow shoes and walking poles" (I quote from memory - apologies if I'm slightly wrong) knew what she was doing!


I know that was Scotland (understandable) but my wife has walked to and from work (four mile round trip) from Wednesday to Friday. Lots of layers, warm parka, two layers of gloves, Meindl boots (no snow shoes but two layers of socks), walking poles for stability, and a Cossack hat to keep her brain working! (Not sure if that last bit was successful or not. It's hard to tell!).


Obviously, I don't know what happened to the OP as it's gone.

The people mentioned here are very obviously keen walkers anyway, otherwise they wouldn't have the range of kit described. I doubt if more than a few percent of the population would be in that situation.

merrydance

My daughter's employers (she has 2 jobs) both advised her to stay home, keep warm and keep safe. Mine on the other hand said if you don't come in, you will have to take the time you haven't come in off your holidays.

silvercar

atrixblue.-MFR-. wrote: »

OK so the answer is, when an employer calls you in and its not safe conditions outside such as for E.G 6inch laying snow and 6ft drifts, even layered up if you fall and hurt or damage yourself your employer becomes liable reasonable distance or not to walk in, 4 miles as the crow flies longer by car, even longer by walking.


In this case, the employer cancelled ALL days off, it was my wifes day off, then called in primary and secondary on call too, so there were over staffing issues that led to my wife after doing a 12hour the day before, sleeping at a relatives house over night returning to work to find there wasn't any need for her due to over staffing then walking back home making her injury worse.
The advice is seek a solicitor.


I deleted it as I found the MSE guide on snow days (googled some more on it as lets face it MSE isn't always right or factual these days, no one commented, so I thought it would be deleted in the end by board guide.

Choosing to walk home rather than stay at the relatives house was her decision alone.

atrixblue.-MFR-.

silvercar wrote: »

Choosing to walk home rather than stay at the relatives house was her decision alone.

injury was done on the way when she was requested to come in.




https://www.nelsonslaw.co.uk/uk-weather-law-say-employee-rights-ice-snow/


considering the employer over staffed her service house, cancelled wifes days off, and failed to ask the driver that drives the 4x4 to collect her, I would say was undue pressure. There plenty of sites out there where it states an employee could sue in this event.

anamenottaken

atrixblue.-MFR-. wrote: »

injury was done on the way when she was requested to come in.




https://www.nelsonslaw.co.uk/uk-weather-law-say-employee-rights-ice-snow/


considering the employer over staffed her service house, cancelled wifes days off, and failed to ask the driver that drives the 4x4 to collect her, I would say was undue pressure. There plenty of sites out there where it states an employee could sue in this event.

I followed the link you provided. Regarding injury it says,

Is my employer liable if I slip on snow or ice at work?
Employers are required to maintain safe working conditions for employees so they may be liable if there is an accident at work which could have been avoided.

So that is about an accident at work, not on the public highway when travelling to normal place of work.