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Rupert Dingley
Member - 16 posts
We have a sports and social club, to which employees pay a monthly fee and the club pays for certain activities, such as the hire of footabll pitches, kit etc.
As the employer do we have any responsibility for our players and would we be liable if one of them had an accident, either caused by one of the other members of our team or by the opposition?
What is our position is one of our team caused injury to the other team?
Thanks
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David Sharp - Workplace Law Network
Online advisor - 122 posts
Rupert - You might be interested in the response to John Gallagher's question about RIDDOR reporting where a customer (i.e. non employee) is concerned. Different situation, similar principles.
Are the players 'at work' when they are playing? Do they wear shirts promoting the company, and do they play e.g. in a league under the company name? Or is this a kickabout between friends on a personal basis. And where do they actually play - on a pitch at your club?
I suspect you would find yourselves involved as a company in the event of an accident, or just as important, I suspect an insurance company would be keen to get you involved. I will dig a little further for you ...
David Sharp, Workplace Law Group
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Anonymous
I have the same situation here at my company, any feedback/comments would be helpful.
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Smita Jamdar - Martineau Solicitors
Online advisor - 17 posts
Dear Mr Dingley
Thank you for your enquiry.
The main duty under health and safety law relates to the safety of employees at work, it seems unlikely that the employees would be classed as at work (unless they are playing as a corporate side within normal working hours).
The second duty is to conduct the company in such a way, as far as reasonably practicable, that non-employees who may be affected thereby are not exposed to risks to their health and safety. Whether this section could impose liability, in the circumstances you describe, would depend for example on whether a Court would hold that this provision of sports activities was part of your undertaking, this might depend on the level of control which the company is able to / should have retained over the premises and the equipment which are hired. If, for example the company hired equipment which caused an injury because it was inappropriate, then potential liability could attach to the company. In addition this duty could extend to other groups of people e.g. passers by and spectators.
If for the company was held to be running an event and an injury or incident occurred, the Health and Safety Executive could become involved e.g. the recent football game, where fireworks were set off in a stadium and a spectator was injured.
The usual rule in relation to vicarious liability (liability of employers for acts of employees) is that employers will be liable for the wrongful acts of their employees if the acts are committed within the course of their employment.
As you know I can only advise on health and safety related issues and I would therefore recommend that you also seek specialist advice from a specialist in sports law.
Kind regards
Smita.
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