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R v WM Morrisons PLC

22 May 2024
[2024] EWCA Crim 627
Court of Appeal
A supermarket was found guilty of causing the death of an epileptic employee because they didn't move his locker closer to his work area, even though they knew he had seizures. The court said the company had to make sure he was safe, even if that meant changing things around, and that not doing so broke health and safety laws.

Key Facts

  • WM Morrisons Supermarkets was convicted of three health and safety offences related to the death of an epileptic employee, Matthew Gunn.
  • Gunn fell down the stairs at work while having a seizure and died from his injuries.
  • The company knew of Gunn's epilepsy and concerns about the stairs had been raised.
  • The company failed to move Gunn's locker to the ground floor, eliminating the need for him to use the stairs.
  • No person-specific risk assessment was conducted for Gunn.
  • The company was fined £3.5 million for failing to ensure Gunn's health and safety.

Legal Principles

An employer's duty under section 2 of the Health and Safety at Work Act 1974 to ensure the health, safety and welfare of employees extends to addressing risks specific to individual employees' disabilities.

Health and Safety at Work Act 1974, section 2

A relevant risk, for the purposes of health and safety legislation, is one materially related to the employer's activities. A risk need not be unique to the workplace to be actionable; a routine activity can become a workplace risk if the employer's actions compound or significantly alter it.

Health and Safety at Work Act 1974, section 2; Management of Health and Safety at Work Regulations 1999

The duty to carry out a suitable and sufficient risk assessment under the Management of Health and Safety at Work Regulations 1999 includes considering person-specific risks, particularly for employees with disabilities. The absence of such an assessment can be inferred from the lack of evidence.

Management of Health and Safety at Work Regulations 1999

The Equality Act 2010 does not replace or supersede the duties imposed by the Health and Safety at Work etc. Act 1974; they operate in distinct areas.

Equality Act 2010

The case of *R v Porter* [2008] EWCA Crim 1271 is distinguishable where the risk is not inherent in the employer's activities, but rather a general risk of life. Here, the employer's requirement that Gunn use the stairs compounded the existing risk.

R v Porter [2008] EWCA Crim 1271

Outcomes

The Court of Appeal refused the company's renewed application for leave to appeal.

The Court found that the company's actions created a material risk to Gunn's health and safety by requiring him to use the stairs to access his locker, despite knowing of his epilepsy and the concerns raised. Reasonably practicable steps could have been taken to mitigate this risk (moving the locker). The absence of a risk assessment further supported the conviction.

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