In this case, where a council refuse worker cut his left hand while wearing protective gloves, his lawyers argued that:

• if any foreseeable risk of harm arise; and
• if the gloves do not prevent injury; then
• the gloves are not suitable by definition.

While we wait for the Court of Appeal to come to a conclusion, employers should continue with thorough risk assessments. Where PPE must be used, make sure it is suitable and appropriate for the identified risks.