Mr H worked in a well-known chocolate factory where his role involved repetitive and physically demanding manual tasks carried out over long shifts.
He had a pre-existing knee condition, and when he raised concerns with his supervisors about the strain the work was placing on his knees and shoulders, his complaints were dismissed. Even after obtaining a letter from his GP recommending that he be given lighter duties, his request was ignored. Forced to continue performing the same heavy tasks, Mr H’s symptoms worsened significantly.
Eventually, he resigned from his position and found an alternative, less demanding job. Thankfully, his symptoms began to improve soon after.
Aston Knight Solicitors were recommended to Mr H by another employee of the same factory who had previously brought a successful workplace injury claim against the company.
A formal claim was submitted to the factory’s liability insurers, but they denied responsibility, alleging that Mr H’s work was lighter than he claimed and that they had never received his complaints or the GP’s letter.
In response, Aston Knight Solicitors obtained expert medical evidence confirming that his injuries were consistent with the repetitive and heavy work he had been required to do. Court proceedings were then issued.
Although the employer initially defended the claim, settlement negotiations eventually began. After rejecting several low offers, a final settlement of £20,000 was agreed – an outcome Mr H was delighted with.
The Law: Employers’ Duties to Protect Workers
Under the Health and Safety at Work etc. Act 1974 and associated regulations, all employers have a legal duty to protect the health, safety, and welfare of their employees while at work. This includes:
- Providing a safe system of work, particularly where repetitive or heavy manual labour is involved.
- Carrying out suitable risk assessments under the Management of Health and Safety at Work Regulations 1999 to identify potential risks and implement measures to reduce them.
- In situations of manual handling, such as this case, the Manual Handling Operations Regulations 2002 require the employer to first avoid the need for manual handling altogether, but, if that is not possible, to undertake a specific manual handling risk assessment and then implement steps to reduce the risk of a manual handling injury to the lowest level possible.
- The Manual Handling Regulations were enhanced in 2002 to include an additional requirement to take into account specific health issues of the individual and to factor such issues into both the risk assessment and the protective steps required i.e. for manual handling safety issues to be tailored to the individual worker
- In addition to duties under the Manual Handling Regulations, adjusting work duties where an employee has a known medical condition that could be aggravated by their work, as required by the Equality Act 2010 if the condition amounts to a disability
In cases where an employer fails to meet these obligations and an employee suffers injury as a result, the worker may be entitled to bring a personal injury claim. Compensation can include damages for pain and suffering, loss of earnings, and any ongoing care or treatment needs.
Senior Solicitor, James Winterbottom commented:
“We have dealt with many successful claims against the same defendant, often involving similar issues — a lax approach to health and safety and a high level of disorganisation. What I find particularly disappointing is that this company has a strong brand image of quality and luxury, yet behind the scenes, many hard-working employees, often of Eastern European origin, are placed in unacceptably high-risk conditions.
This case presented a classic failure to comply with the Manual Handling Regulations, both in terms of the general risk to workers but, more importantly, in disregarding the specific health issues of the client.”
At Aston Knight Solicitors, we specialise in workplace injury claims and have extensive experience helping employees recover compensation for injuries sustained due to unsafe working practices.
If you believe your employer has failed to protect you at work, we offer a free, confidential, and no-obligation consultation – please feel free to telephone 0800 999 6661 or email us at info@astonknightsolicitors.co.uk.