Rules That Do Not Work

Rules and regulations are everywhere, they effect everybody – we should know, it is our every working day one way or another!!

Every workplace has them, from rules about what goes where, to who does what and how. On the whole they are necessary, sensible and help keep things ticking along nicely, and safely.

But, not always, as Mr R found out when making a delivery.

It was necessary for him to get out of his vehicle to speak with somebody in the office. As he did so he fell in a gully alongside where he was required to stop. It was dark, the area was unlit and he did not see it. He was injured as a result.

When we put the claim the initial response was that it was a site rule that drivers were not allowed to get out of their vehicles at that point, therefore Mr R was the author of his own misfortune. We responded by asking for copies of any signage or any other method used to tell drivers this.

It turned out that there were none. Basically the site had a rule that it did not tell visitors about. When we pointed out that this made the rule ineffective and unenforceable the defendant conceded fault and Mr R will now receive the compensation he deserves.