Fenced In: Can a DIY Barrier for Dog Sitting Lead to a Workplace Injury Claim?

“Fenced In: Can a DIY Barrier for Dog Sitting Lead to a Workplace Injury Claim?”

Meet Lauren Vercoe, a local government worker in Australia who set up a “fence” in her living room – not for gardening, but to keep her colleague’s dog separate from her pet rabbit while she worked from home. When Lauren tripped over her makeshift pet barrier during an “authorised coffee break” and fractured her leg and knee, she filed a claim for workplace injury. Here’s the twist (besides her knee): since she was working remotely, Lauren argued her home was her workplace.

Court Findings: Furry Friends and Employer Liability

The court ruled that Lauren’s injury was indeed a workplace incident. The reason? The pet fence – even though it wasn’t work-issued – was a “feature” of her home workspace, where her employer encouraged regular breaks. Although she hadn’t informed her employer about the fence, they’d approved her request to work from home and dog-sit that day.

Lauren’s lawyers claimed her home workspace contributed significantly to her injury, since she fell over the fence during a paid break. Her employer argued the opposite, noting that the fence was an unusual, self-imposed hazard. Nevertheless, the court held the employer responsible, identifying the pet fence as a potential risk in her workspace.

Key Takeaways for Employers

1. Set Clear Guidelines for Remote Workspaces – Define what is acceptable for breaks, pet barriers, and more!
2. Risk Assessments Still Apply – Consider workplace hazards that might pop up at home.
3. Encourage Safe Setups – Let employees know to maintain a safe working environment, whether at home or in the office.

While we’re not personal injury lawyers, this case might get employers thinking: Are we doing enough to make remote work safe (and rabbit-proof)?

To ensure a safe working environment for staff working from home, UK employers can take several steps, guided by health and safety obligations. Here are some key approaches:

1. Workstation Assessments: Provide an online ergonomic assessment tool for employees to check their workstation setup or arrange virtual assessments with health and safety specialists. This helps ensure that desks, chairs, and screens are correctly positioned to reduce strain.
2. Health and Safety Training: Offer training on topics like proper posture, equipment setup, and eye health to help employees understand how to create a safe and healthy workspace. Short online modules or guides can be effective.
3. Regular Check-ins: Schedule regular one-to-one meetings to discuss any health and safety concerns, both physical and mental, related to remote work. This provides an opportunity to address any emerging issues early.
4. Provide Essential Equipment: Supply or subsidize necessary equipment, such as ergonomic chairs, monitor stands, or adjustable desks, to prevent musculoskeletal issues from unsuitable home setups.
5. Mental Health Support: Encourage a balanced workload, promote regular breaks, and provide access to mental health resources, such as employee assistance programs or wellness apps, as part of a safe working environment.
6. Create a Health and Safety Policy for WFH: Develop a clear, accessible policy that includes guidance on workstation setup, taking breaks, and reporting any health and safety issues. This ensures employees know their rights and responsibilities while working remotely.

By implementing these measures, employers can help mitigate health risks and meet their duty of care, even when employees are working from home.

Christina Gray

Managing Director