I was interested in this case as it's local to me, but the outcome has raised a lot of questions in my head. I'm curious what others think Morrison's should have done more in this instance?
https://www.shponline.co.uk/in-court/mo ... 677d17b6d6
Morrisons fined £3.5 million over death of employee case
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Re: Morrisons fined £3.5 million over death of employee case
Hmm, as with anything there is only so far you can go.
As with anyone with an identified specific risk, pregnancy, diabetes, etc, company should carry out a specific RA for this issue.
Yes Morrisons could have and should have carried out RA for the persons epilepsy it may have identified the reduction in use of stairs.
RA could have reduced likelihood of harm but likelihood can never be reduced to zero harm.
The person could have had a fit on the flat shopfloor and still be injured from hitting their head on the hard floor.
Looks like Morrisons didn't help themselves by not admitting fault and not providing information to HSE.
As with anyone with an identified specific risk, pregnancy, diabetes, etc, company should carry out a specific RA for this issue.
Yes Morrisons could have and should have carried out RA for the persons epilepsy it may have identified the reduction in use of stairs.
RA could have reduced likelihood of harm but likelihood can never be reduced to zero harm.
The person could have had a fit on the flat shopfloor and still be injured from hitting their head on the hard floor.
Looks like Morrisons didn't help themselves by not admitting fault and not providing information to HSE.
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Re: Morrisons fined £3.5 million over death of employee case
“Despite being aware of the risks, Morrisons failed to put in place a number of simple measures which could have kept Matthew safe at work."
This is the key part as I would like to know what measures were missed here - doesnt anyone know??
Its a bit worrying as I have had (and still do have) responsibility for compiling PEEPs that regularly involved a person with particular needs and staircases - and the PEEP is very likely to be used when the person requiring assistance is under severe stress.
I have relied on the person subject to the PEEP to supply information as to their condition and what they can and can't do. Reading that judgement does make me question if my system is as watertight as it should be?
But as Blackstone rightly says, you can only go so far
This is the key part as I would like to know what measures were missed here - doesnt anyone know??
Its a bit worrying as I have had (and still do have) responsibility for compiling PEEPs that regularly involved a person with particular needs and staircases - and the PEEP is very likely to be used when the person requiring assistance is under severe stress.
I have relied on the person subject to the PEEP to supply information as to their condition and what they can and can't do. Reading that judgement does make me question if my system is as watertight as it should be?
But as Blackstone rightly says, you can only go so far
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Re: Morrisons fined £3.5 million over death of employee case
I had similar thoughts around PEEPs aswell Messy.
There must be more to this in terms of detail, as the key element I can find is about the stairs, and the employee having to use them to access the staff lockers. A locker should have been put for him on the ground floor to avoid the need the access the stairs says the prosecution, but in reality is this a reasonable adjustment?
There must be more to this in terms of detail, as the key element I can find is about the stairs, and the employee having to use them to access the staff lockers. A locker should have been put for him on the ground floor to avoid the need the access the stairs says the prosecution, but in reality is this a reasonable adjustment?
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Re: Morrisons fined £3.5 million over death of employee case
I agree with many of the people in the comments section - there isn't enough context in this half-story to come to any conclusions.
On the face of it, it appears that Morrisons failed to supply the correct details on the death to the council, so the council threw the book at them, but a £3.5M fine does suggest that some kind of better actions must have been possible.
I really hope that we get more information here, as this is just scaremongering that might well affect other companies willingness to hire epileptic staff.
On the face of it, it appears that Morrisons failed to supply the correct details on the death to the council, so the council threw the book at them, but a £3.5M fine does suggest that some kind of better actions must have been possible.
I really hope that we get more information here, as this is just scaremongering that might well affect other companies willingness to hire epileptic staff.
We often think that when we have completed our study of one we know all about two, because 'two' is 'one and one.' We forget that we still have to make a study of 'and.'
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Re: Morrisons fined £3.5 million over death of employee case
You know the stopswearingontheforumsplease hit the fan when your investigator is called Pete Tonge.
The issue Morrisons faced here was safety versus discrimination. No win situation and I guess they went with the least likely outcome and lost. The moment they start saying you cant do this you cant do that, discrimination case.
So if they should have prevented him from walking up stairs, do we have to do that have all epileptics? or do we take their word for it that stairs are ok for them? do we say, you're unemployable, in a business where climbing stairs is necessary ?
Still, they should have done an assessment and they at least could have argued the toss on it being suitable and sufficient. NOT doing them, stoopid.
The issue Morrisons faced here was safety versus discrimination. No win situation and I guess they went with the least likely outcome and lost. The moment they start saying you cant do this you cant do that, discrimination case.
So if they should have prevented him from walking up stairs, do we have to do that have all epileptics? or do we take their word for it that stairs are ok for them? do we say, you're unemployable, in a business where climbing stairs is necessary ?
Still, they should have done an assessment and they at least could have argued the toss on it being suitable and sufficient. NOT doing them, stoopid.
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Re: Morrisons fined £3.5 million over death of employee case
Interesting, Morrisons appealed and have now lost that appeal:
https://www.bbc.co.uk/news/articles/ck557y4j399o
https://www.bbc.co.uk/news/articles/ck557y4j399o