Hadoulis - v - Trinatours Ltd

Claimant Ferenki Hadoulis
Job title Booking Clerk (SOC 2000: 6212)
Task description Making hotel and travel arrangements using telephone and computer. Alleged to have been working in awkward postures at two screens while using a broken chair
Injury Fibromyalgia
Defendant(s) Trinatours Ltd (SIC 2007: N79.1)
Court(s) Central London County
Case No. CK101320
Date 1 Oct 2002
Judge(s) His Honour Judge N Warren QC
For Claimant
All Claimants Ferenki Hadoulis
Solicitor Bolt Burdon
Counsel Ms Farmer
Non-Medical expert(s) Ms Jacqueline Smith (Physiotherapy & Ergonomics)
Medical expert(s) Dr J A Hicklin (Rheumatology)
For Defendant
Solicitor Berrymans Lace Mawer (EC2M 5QN)
Counsel Mr David Platt
Non-Medical expert(s) Mr John Ridd (Ergonomics)
Medical expert(s) Mr Colin D P Stone (Orthopaedic & Hand Surgery)
Outcome
Judgment for: Defendant
Injury found: No finding
Work related: No
Breach of Statutory Duty: Yes, but not causative of injury
Defendant negligent: No
Damages
General:
Special:
Other:
TOTAL:
Observations
 
References
 
References to and/or Interpretations of Regulations and HSE Guidance Documents
This County Court Judgment on the 1st October 2002 examined alleged breaches of regulations 2, 3, 4, 6 & 7 of the Health and Safety (Display Screen Equipment) Regulations, together with an alleged breach of the Workplace (Health, Safety and Welfare) Regulations 1992. There are no references to the associated guidance.

There were found to be no breaches of regulations 3 & 4 of the Health and Safety (Display Screen Equipment) Regulations and no breach of the Workplace (Health, Safety and Welfare) Regulations. The admitted breaches of regulations 2, 6 & 7 of the Health and Safety (Display Screen Equipment) Regulations were found to be not causative of any injury.

V1.01

Regulations
Health and Safety (Display Screen Equipment) Regulations 1992
 Regulation 2
 Regulation 3
 Regulation 4
 Regulation 6
 Regulation 7
Workplace (Health, Safety and Welfare) Regulations 1992
LAWTEL Case report

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Claim by an employee ('C') for damages for personal injury, in the form of work-related upper limb disorder and fibromyalgia, allegedly caused by her employer ('D'), a travel agency. C's claim was brought in negligence and under the Health and Safety (Display Screen Equipment) Regulations 1992 SI 1992/2792 and Workplace (Health, Safety and Welfare) Regulations 1992 SI 1992/3004. C worked for D from 1995 as a booking clerk. C's work involved the use of one or more computers. C started to complain of back pain in March 1998 and was later diagnosed as suffering from a work-related upper limb disorder. C alleged that her injuries were caused by, inter alia: (i) her excessive workload; (ii) a lack of health and safety training and information in relation to her work and workstation; (iii) too few breaks from her workstation; (iv) D's failure to assess her workload and workstation; (v) an unsafe workstation; and (vi) provision by D of an uncomfortable and unsuitable chair.

HELD: (1) D was in breach of the Display Screen Equipment Regulations in failing: (a) to carry on assessments of C's workstations as required by reg.2; and (b) to give C appropriate health and safety training and information as required by regs.6 and 7. (2) C had failed on the evidence to establish any other breaches of the Regulations or any breach of any common-law duty of care. (3) The burden of proof was on C to prove causation. It could not be said that, had the breaches not occurred, C's problems would not have existed or would have been negligible. C had failed to establish that D's breaches had caused her injury.

Claim dismissed.

Full Text of Judgment available on-line to Lawtel subscribers.


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Fibromyalgia | DSE use: | SOC Major Group 6 | SIC Major Classification N

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Last updated: 16/10/2009