Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland)
The Supreme Court of the United Kingdom has today (Wednesday 10th February) handed down a unanimous decision in favour of Tracey Kennedy, a home carer who was injured while working in Glasgow in 2010. Tracey Kennedy was represented by Digby Brown.
The case centred on whether employees working outside in dangerous wintry conditions should be supplied with footwear to protect them against the risk of injury from slipping on ice.
Today’s Judgement upholds a 2013 Court of Session decision in Miss Kennedy’s favour which was initially overturned at appeal in 2014. Handing down a 5-0 decision, the Supreme Court found that Lord McEwan was right in his 2013 Court of Session opinion when he stated that the direction of the law was to “level safety upwards”.
This case is a landmark judgement which will not only help protect individuals working for the benefit of others in testing conditions across the country, but which further reinforces the need for employers to proactively assess the risks faced by workers when at work, and to introduce reasonable measures to avoid or otherwise reduce that risk.