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Liability: no laughing matter?

26 November 2020 / Charles Pigott
Issue: 7912 / Categories: Features , Employment
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Whose liability is it when a workplace prank goes badly wrong? Charles Pigott investigates
  • Chell v Tarmac Cement Limited: an employer was not liable for injuries caused by a workplace prank.
  • Trial judge’s decision: the close connection test.
  • The appeal: degrees of tension.

In Chell v Tarmac Cement Limited [2020] EWHC 2613, [2020] All ER (D) 21 (Oct) the High Court has dismissed an appeal against a county court ruling that an employer was not liable for injuries caused by a workplace prank.

The claimant was a fitter employed by Roltech Engineering, working alongside Tarmac’s own employees. One of these deliberately caused a loud explosion next to Mr Chell’s ear, by hitting two pellet targets with a hammer. The targets were not workplace equipment. Although there was no deliberate attempt to injure Mr Chell, he suffered significant damage to his hearing.

There was evidence of a degree of ill-feeling between Tarmac’s employed fitters and those supplied by Roltech, but it was not considered that the Roltech fitters had any reason to fear for their physical safety on site.

Trial judge’s decision

In

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