Uckfield Matters April 2019

THE IMPORTANCE OF BEING WARNED
REDUNDANCIES ARE A FACT OF LIFE
There are many types of However, any potential
sporting injuries – but do
defendant could rely upon
Redundancies are a fact of life nowadays and is one of the statutory reasons for an
you really expect to be
the element of risk always
employee to be fairly dismissed injured from when their employment. you are simply The other associated fair reasons with spectating are conduct, a
capability, statutory illegality, and spectating?
a category called ‘Some Other sporting Substantial event. Reason’. It could also
Ms. Remande was a spectator be argued that Ms. Remande
at For the a Ryder redundancy Cup and dismissal was
submitted may not have grievances been fully
and
hit to in be the lawful, eye, leading there must to loss
might concentrating be regarded at the as time of
of be sight. a genuine As the redundancy
headlines troublesome play - particularly might given find the
celebrated situation. Europe’s The employer’s victory themselves video evidence in a showing redundancy that
over
business
the USA,
must
they
be:
also
pool ‘fore’ of was one, shouted or possibly several two
• Ceasing or intending in order that the process
suggested that Ms. Remande times. Equally, there is a
Jacqueline Hardaway
to cease to carry on looks more legitimate. All
will be seeking compensation general rule sporting events
is Managing Director at
the business for the the circumstances in each
for the injury sustained. that spectators acknowledge
Dawson Hart
purposes of which redundancy the general risks
dismissal involved
must
in
But, is the this employee possible? was be looked at carefully to
attending sporting events.
For Ms. employed Remande by to it;
determine whether the
• Ceasing or intending employer Although there has acted could fairly. be
successfully receive to many issues to this matter,
compensation cease to for carry her on injuries,
that
business in the place
Ms. Remande’s
Most chances
employers want to of
she must show that either the
act
where the employee
success
fairly could
and all
lawfully come down
owner of the course and/or the
towards
so employed; or
to whether
their she was
employees reasonably
and ROBIN WILLLIAMS golfer was negligent. They
may
SOLICITOR/CONSULTANT • Having a reduced resort
warned
to
of
labelling
the risks.
both owe a duty of care to her
a dismissal
as she requirement was a spectator for at a as For a further ‘redundancy’ information so the of
ticketed employees sporting event to carry and out employee sporting injuries does not or other have
work of a particular kind to face, eg, a disciplinary
this duty affords reasonable issues arising from personal
or to do so the place procedure. It is important for
protection for spectators. Such injury claims, please contact
where the employee employers and employees
protection could be in the form our Personal Injury team on
was employed to work. to always take proper legal
of shouting ‘fore’, erecting
01825 762281 or
Occasionally, advice to avoid any pitfalls or
signs alerting spectators employers of
might dress up a potential personalinjury@dawson-hart.
tribunal claims.
the potential risks and different also co.uk
type of dismissal as a
You can contact
following health and safety
redundancy. For example,
Robin Williams on
regulations.
an employee who has
01825 762281
MON-THURS: 8AM-6PM (5PM FRI) FIRST SATURDAY OF EVERY MONTH: 9AM-12PM
Tel: 01825 762281
www.dawson-hart.co.uk