Contestant To Sue Big Brother After Breaking Ankle?

The final series of Big Brother, after 10 very long years, is underway, and on top of all the usual problems the producers of the show have to deal with (finding the most insane people they can lay their hands on, thinking of activities for said people while they are essentially imprisoned for weeks on end) they apparently have, according to the Daily Star, the ghost of the late Jade Goody to contend with.

The paper reports that the figure of a woman was seen in the girls' bedroom as the contestants slept, and bosses are getting spooked by the apparition. But, back on firmer ground, it seems that the show's staff have a different kind of spectre hovering over them:the spectre of a personal injury claim.

Housemate Keeley Johnson fell over during the 'save and replace' task and injured her ankle so severely that she had to leave the house for hospital treatment, and is said to not be returning to the show at all.

A source told the Star (again): "Technically she has suffered an accident at work and like any employee she can seek legal advice to see if there is a case for compensation. It's no wonder Big Brother are panicking."

I'd like to look at this on two counts.

First of all, I'm not entirely sure that this qualifies as a work accident. It calls to mind the case of Emma Czikai, who is pursuing Simon Cowell and the makers of Britain's Got Talent through an employment tribunal, believe it or not,because she was mocked during a televised audition. She considered her treatment, essentially, to constitute harassment in the workplace. Can appearing on a television programme, for which Miss Johnson has not been paid, entitle her to the same rights as an employee?

Well, yes, it probably can. Any member of the public who is chosen to appear on the show has to, through necessity, live on the set in Elstree Studios 24-7. The makers of Big Brother, Endemol, are ultimately responsible for the welfare of the housemates as they are living under their roof and according to their rules and regulations.

They will have insurance policies in place to protect them and anybody living or working under their auspices. This specific type of coverage, for those who don't know, is called indemnity insurance and all UK businesses and organisations are legally obliged to hold it, to protect both employees and members of the public to whom they are vicariously liable.

Which brings me to my second point:

The source quoted above essentially says that Big Brother bosses are sweating under their pinstripe suits about the prospect of Miss Johnson making a claim. But I would like to be so bold as to suggest that this is slightly sensationalised.

For a start; in the article there is no mention of the claimant actually mentioning the idea herself.

Secondly: this is precisely the reason the government makes businesses carry this kind of insurance anyway: so they won't have to personally pay compensation amounts straight out of their own coffers if such an accident happens and they are found liable for causing it.

If Miss Johnson does make a claim, the costs will be met by Endemol's insurers if they are found to have been responsible, overall, for the accident which caused the ankle fracture which has resulted in Miss Johnson being forced to leave the show.

Any successful work accident injury claim relies on the employer being in breach of their duty of care towards an employee.

Endemol producers are looking to see if the activity that resulted in the accident was run in accordance with health and safety rules. If they did everything from their side correctly and above board, then any potential case may be that bit more difficult to prove.

In a nutshell, if the accident was Miss Johnson's fault, she won't be able to make a claim. If it wasn't, then the proceedings will go from there.

But producers shouldn't worry that much. Any employee who wants to make a work injury claim needn't bite their nails down to the quick at the prospect of ruining their employer's business. That's what insurance is for!