EXPERT WITNESS: Health, safety and disability   

An employer’s duty under the Health and Safety at Work etc Act 1974

Summary:

Diana Kloss and Michael Appleby explore the recent Court of Appeal judgment in Rex v Wm Morrisons plc, following the death of a man with epilepsy after a fall from a first-floor staircase.

In Rex v Wm Morrisons plc, Matthew Gunn was a person with epilepsy. He had two types of seizures, which varied in severity. The first type caused temporary loss of sight and unsteadiness; the more serious type caused shaking and then collapsing. Whatever the severity, the seizures would come on without warning.

Gunn had worked for Morrisons Supermarkets in Tewkesbury for 10 years from the age of 17 but his condition had worsened over the years. Because of his disability he had regular occupational health (OH) assessments. The last of these took place in June 2014 and was attended by Gunn, his mother, the store personnel manager and the store OH adviser…

Prof Diana Kloss is a barrister, former part-time employment judge, and author.

Michael Appleby is a solicitor and partner with Fisher Scoggins Waters LLP Solicitors.

Author: Kloss D, Appleby M

Tags case law death at work disability health and safety law

Occupational Health at Work October/November 2024 (vol. 21/3) pp36-40

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