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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice
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I was on last night but forgot my credit card, Iam a security

Customer Question

I was on last night but forgot my credit card, Iam a security guard working for a council. And we have been told by the council we can no longer park at the civic and now have a 20 minute walk to our cars. If we are attacked on the way to our cars will the council be held responsibile for my Health and Safety. The manager says not its only while we are at work, but in the past we have been threatend, spat at and other things. Some of the CCtv footage we have supplied the police has helped with murders, convict drug dealers and lots more other things.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you think they would be liable?
Customer: replied 3 years ago.

Do they not have a duty of care for my safety, and do these incidents not come under foreseeable incidents under health and safety of staff. In the past we have had staff attacked and the previous management put things in place to protect us, ie safe parking, taken home, taken to different bus stops. Only within the last 3weeks we have removed drunks from the civic were staff were threatened, these drunks are some times in the under passes we walk through, also we have with the police escorted protesters from the civic protesting about the bedroom tax. We deal with a lot of CCtv footage for the police this includes murders, drug dealers, threats with violence, armed robbery, we have been chased from court by family members the list could go on and on, this is why I feel they have a duty of care to me not just at work but also on the way to my car because of the nature of the job.


If the law says not then I will just have to be lucky

Expert:  Jo C. replied 3 years ago.

They have a duty of care towards your safety as almost everybody does towards everybody but this does not come under a foreseeable incident. Millions of people walk to their cars safely daily. The fact that crime is committed in a town centre does not mean that you will fall foul of it and, in fact, statistically your chances of being attacked in the Uk are very low.

They are not liable for the actions of third parties.

In any event, health and safety rules do not extend to the provision of parking I'm afraid which is essentially what you are claiming here.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for being honest, that's what I needed to know the truth, not the lies some people had came out with, once again thank you. I will just have to stay lucky

Customer: replied 3 years ago.

Thank you for the answer, the lads and lasses not happy when I told them this morning, but they have to accept it. If we are not covered by the law then so be it. Thank you again .

Expert:  Jo C. replied 3 years ago.
Well, its not that you are not covered by the law. Its just that this particular issue doesn't give rise to any particular claims.