GMB Scotland Wins Landmark Legal Victory Against Cordia In The Supreme Court Of The United Kingdom
The result means that Cordia cannot run away from its responsibility to assess risks faced by home care workers and provide adequate protective equipment to their staff says GMB.
GMB, the union for care workers, has won a significant victory against Cordia following a serious injury to GMB member Tracey Kennedy in 2010.
GMB welcomed the Supreme Court decision after a long legal battle against Cordia. The case against Cordia was successful in the Court of Session, but subsequently overturned by the Inner House of the Court of Session. This Supreme Court decision upholds that original decision that Cordia was to blame for Ms Kennedy’s accident for failing to take adequate steps to provide for her health and safety at work.
Ms Kennedy was on her way to work at night to treat a terminally ill client in December 2010 when she slipped on an ungritted path which was described as a sheet of ice under a layer of snow. No risk assessment had been carried out by Cordia, nor did they provide any suitable, protective footwear for Ms Kennedy who suffered a very serious wrist injury.
Louise Gilmour, GMB Organiser for Cordia said, “This is a landmark decision in legal terms and a great decision for workers who suffer from accidents at work.
It is a landmark decision not only for peripatetic workers such as home carers, but for all workers who can rely on the employers common law duty of care and deals a blow to the past conservative government’s attempts to stop workers from receiving full compensation when they suffer an accident at work.
It is also a great result for Tracey. GMB has been fighting this case for the last five years.
The result also means that Cordia cannot run away from its responsibility to assess risks faced by home care workers and provide adequate protective equipment to their staff.”
Contact: Louise Gilmour Tel: 0141 352 8117 Mobile 07921 289739 or Alex McLuckie Tel: 0141 352 8141 Mobile 07885 348269