A CARE worker who won a landmark civil case after falling in icy conditions has taken her case to the UK's highest court after the decision was overturned by appeal judges.

Tracey Kennedy fell and injured her wrist at work as she made her way to the home of a housebound woman in the Crookston area of Glasgow in freezing conditions in the harsh winter of December 2010.

The 45-year-old, from Pollok, sued her employer Cordia (Services) LLP for £150,000 in damages at the Court of Session in Edinburgh in a decision which could have had wide-ranging consequences for employers UK-wide.

However, Cordia appealed against the decision and judges this time found in favour of the firm, saying the risk of falling on the icy path arose "from the ordinary facts of life in Scotland".

Ms Kennedy has now taken her case to the Supreme Court in a bid to overturn the appeal decision.

Fraser Simpson, a partner with Digby Brown solicitors, who represent Ms Kennedy, said: "This case has important implications for workers, not just in Scotland, but across the whole UK.

"We believe that all workers have a right to be safe at work and we are committed to pursuing cases to help protect that right.

"We believe the Lord Ordinary in the Kennedy case applied the law correctly by holding that an employer is obliged to assess and identify reasonable risks to health to their employees, including the risk to peripatetic workers posed by dangerous weather conditions, and where appropriate, take reasonable steps, to reduce the risk.

"The decision serves as a reminder to employers to give reasonable forethought to the dangers their employees encounter in the interests of their business, and it serves as a warning of the consequences of their failure to do so.

"When overturning the Lord Ordinary's decision, we believe the Inner House failed to construe and apply both the statutory and common law correctly, and we are hopeful that the Supreme Court will allow our appeal."

The Court of Session initially heard that Ms Kennedy and another worker had gone to the client's house at night to provide essential care services.

Conditions underfoot were extremely wintry, and the pair parked a short distance from the house because of ice on the road.

The care worker, who was wearing boots at the time, tumbled over as she made her way down a path which was covered in ice and topped with snow which had not been gritted.

In August 2013, Judge Lord McEwan found the company at fault for not providing Ms Kennedy with proper footwear, such a spiked snow shoes, which could have prevented her fall.

He also found Cordia failed to give proper guidance on what she should wear in the conditions to avoid slipping.

The care worker was seeking £150,000 in damages but Cordia launched an appeal before her award could be decided.

Three judges upheld that appeal in September last year.

At that time, Lady Smith said: "Fundamentally, the risk to [Ms Kennedy] was an ordinary risk arising, in a public place, from the ordinary facts of life in Scotland.

"It was a risk encountered, at the time of her accident, by any person walking on snow covered pavements, whatever the reason or reasons they had to do so."

The hearing at the Supreme Court will take place next month.

Cordia declined to comment.