The employee worked at a plant using chemicals. After starting, the work system was changed. The staff were given the best protection available, but the claimant suffered a pre-existing tendency to asthma, which was excited by the chemicals used. He was awarded damages, and the employer appealed.
Held: The employer should have been alerted by a doctor’s memorandum about his condition. It was not for the employee alone to assess the risk. Following Withers, the employer could be under a duty to make an assessment which would lead them to conclude that given his personal sensitivity, and employee should be dismissed from working in an otherwise safe environment.
Judges:
Lord Justice Simon Brown and Lord Justice Brooke
Citations:
Times 05-Aug-2002, Gazette 03-Oct-2002, [2002] EWCA Civ 1010
Links:
Jurisdiction:
England and Wales
Citing:
Considered – Withers v Perry Chain Co Ltd CA 21-Jul-1961
An employee with dermatitis returned to work when it was known both to him and his employers that continuing to work would carry a small risk of it recurring or being exacerbated.
Held: The Court allowed the employer’s appeal against the trial . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Health and Safety
Updated: 06 June 2022; Ref: scu.174346