Description
HHJ Oliver-Jones QC (sitting as a deputy judge of the High Court) held that an employee who was injured whilst competing in a cycling race organised by his employers was not participating in the event in the course of his employment within the meaning of the relevant health and safety legislation. However, HHJ Oliver-Jones QC held that the partners organising the event had breached their duty of care owed to the claimant employee as neither had properly assessed the need to recommend and/or require participants to wear helmets. In not wearing a helmet, the claimant's contributory negligence was assessed at two-thirds.
