Sharp - v - Yorkshire Bank plc
| Claimant | Pamela Anne Sharp |
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| Job title | Cashier (SOC 2000: 4123) |
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| Task description | Part time bank counter work |
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| Injury | Pains in neck arms and back Acceleration of onset of symptoms in neck and back by 5 years |
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| Defendant(s) | Yorkshire Bank plc (SIC 2007: K64.19/1) |
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| Court(s) | Manchester County |
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| Case No. | MA714886 |
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| Date | 3 Apr 2001 |
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| Judge(s) | Mr Recorder L Hull |
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| All Claimants | Pamela Anne Sharp |
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| Solicitor | Lawford & Co (M1 5EH) |
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| Counsel | Mr Guy Vickers |
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| Non-Medical expert(s) | Prof Kim Burton (Ergonomics)
(Not called but written evidence referred to) |
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| Medical expert(s) | Mr Peter L Frank (Orthopaedic Surgery) |
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| Solicitor | Halliwell Landau (M2 2JF) |
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| Counsel | Mr Philip Butler |
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| Non-Medical expert(s) | Mr Brian G Pearce (Ergonomics)
(Not called but written evidence referred to) |
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| Medical expert(s) | Mr Michael A Morris (Orthopaedic Surgery)
Dr Peter H Smith (Rheumatology)
(Not called but written evidence referred to) |
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| Judgment for: | Claimant |
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| Injury found: | Yes |
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| Work related: | Yes |
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| Breach of Statutory Duty: | No finding |
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| Defendant negligent: | Yes |
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| General: | £ 7,500.00 |
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| Special: | £ 23,318.20 |
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| Other: | £ 4,931.76 |
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| TOTAL: | £ 35,749.96 |
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| The Judgment makes implicit reference to the DSE Regulations but there is no finding in relation to any breach of statutory duty, which "would add little if anything to the Claimant's claim". V1.01 |
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| The claimant, a 46-year-old woman was awarded £35,749.96 for the repetitive strain injury sustained during the course of her employment as a part time bank cashier between 1983 and 1996. The claimant suffered from neck, arm and back pain. Her symptoms improved within four years of leaving the defendant's employment. | | Ê | | Claimant: Female: Between 38 and 41 years old at date of accident; 46 years old at date of award. | Employers’ Liability: Between 1983 and 1996, the claimant was employed by the defendant as a part-time bank cashier providing lunchtime cover for full-time employees, working between 12 and 20 hours per week. In 1987, the branch was renovated and new counter stools and chairs were provided.
The claimant found that the chairs could not be adjusted, there was not enough back support and she tended to slip off the seat. In addition, no footstool had been provided.
In June 1993, the claimant completed a self assessment form stating she was suffering pain and requested a footstool. The claimant made further requests for a footstool and replacement chair in July 1994 and January 1995, however, a footstool was not provided until April 1995.
The claimant sustained injury and brought an action against the defendant alleging that it was negligent in its health and safety duties by failing to: (i) address the claimant's complaints about her work situation; (ii) provide a suitable footstool; and (iii) provide a suitable chair capable of adjustment.
Liability disputed. The defendant submitted that: (i) the claimant did not complain as regularly and emphatically about her work situation; (ii) a footstool had been provided in April 1995; and (iii) the defendant had explained to the claimant how to adjust the chair.
At trial, the judge found that there was negligence upon the part of the defendant from June 1993 until January 1996 in that it failed to address her complaints from June 1993, provide a footstool until one was provided in April 1995 and failed to provide an adjustable chair. Furthermore, the judge found that the claimant's work with the defendant was causative of her condition as she had carried out other office work from July 2000 without experiencing similar symptoms. No finding was made in relation to any breach of statutory duty. | | Ê | | Injuries: | The claimant suffered from repetitive strain injuries during the course of her employment. | | Effects: | The claimant experienced pains initially in her neck from April 1993. In July 1994, she consulted her GP with neck and arm pain and was off work for two weeks. The claimant also suffered from back pain.
In January 1995, the claimant was off work for approximately five weeks and again from May to July 1995. On her return to work, she carried out light duties, however, light duties were not always available and the claimant was formally dismissed for reasons of ill health on 4 July 1996.
The claimant's working practices accelerated the onset of pre-existing degenerative symptoms in the claimant's neck and back by a period of about five years.
Prognosis: The claimant's symptoms improved within four years of leaving the defendant's employment. The claimant was able to obtain other office work in July 2000, which she pursued without experiencing similar symptoms. | | Court Award: £35,749.96 total damages. | |
Last updated: 26/03/2014
