Minimally Conscious Accident Victim Gets Seven-Figure Compensation

Accidents at work can have devastating consequences and it is very often true that no amount of money can ever make up for the pain and suffering involved. A case concerning a man in a minimally conscious state showed, however, that specialist lawyers can at least help to soften the…

Dec 16, 2021

The middle-aged man was working as acting foreman for a manufacturing company when the accident occurred. He was helping out short-handed contractors in the factory where he was employed when he fell from height. The precise circumstances of the accident remained unclear, but he had received no training whatsoever in working high up. He sustained catastrophic head injuries and had never regained consciousness.

His condition was closely aligned to a persistent vegetative state but he had retained some level of minimal consciousness. Cared for in a nursing home, he responded to contact with his wife and family. Experts were of the view that his condition would not improve and that his life expectancy was relatively short. His wife, however, firmly believed that he would get better and that he would live for many more years.

After proceedings were brought against the contractors and his employer at the time, primary liability for the accident was acknowledged. The value of his claim was disputed and it was argued that he was in part responsible for his own misfortune. His legal team, however, managed to cut through those difficult issues by negotiating a £1,050,000 lump-sum settlement of his claim.

Approving the settlement, the High Court noted that the money would be used to top up his NHS-funded care regime. The accident was a tragedy for him and his family and the Court was moved by the great difficulties his wife had faced in visiting him and assisting in his care during the COVID-19 pandemic. All involved in the case hoped that she was right in her conviction that his condition would improve. Her care for him since the accident had been quite remarkable.

Employment Judge’s Interventions Gave Rise to Apparent Bias – EAT Ruling

Judges are entitled to robustly manage the cases that come before them, but what they cannot do is give even an impression that they are taking sides. In a case on point, an employment judge’s interventions during a hotly contested hearing were found to have crossed the line into apparent bias. Following a hearing, which was held via video link during the COVID-19 pandemic, the employment judge upheld an office administrator’s complaint of constructive unfair dismissal. The employer challenged…

Tax Dodgers Beware – You May Be Sacrificing Your Employment Rights

Tax evaders rarely understand the potential consequences of their wrongdoing. That was certainly so in the case of two cab drivers who underdeclared their earnings to the tax authorities and, in doing so, came perilously close to sacrificing any claim they might have to employment rights. The drivers launched Employment Tribunal (ET) proceedings against a private hire company, complaining that they had not received holiday pay or work breaks. The company asserted, amongst other things, that…

Control Room Operator’s Angry Comment Lands Employer in Legal Hot Water

Angry comments uttered in a moment of workplace stress can very easily amount to harassment and land employers in legal hot water. That was certainly so in the case of a frustrated control room operator’s response to a Muslim worker’s reluctance to cover a shift during the Islamic festival of Eid. The operator, who worked for a security company, was under strain due to a staff shortage arising from the festival and was anxious to find a guard to cover a day shift. He contacted the worker, who…