Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

Latest NewsHealth and safetyOccupational HealthWellbeing

Families vow to fight ruling on asbestos liability payouts

by Michael Millar 9 May 2006
by Michael Millar 9 May 2006

Families of workers who contracted cancer after working with asbestos have vowed to fight for a change in the law after the House of Lords ruled that employers’ liability for compensation should be restricted.

Last week’s judgment means compensation payouts to sufferers of the fatal lung disease mesothelioma – which kills 1,900 people every year in the UK – and their families, will be drastically reduced in many cases. The move could save millions of pounds for employers.

The House of Lords upheld three test appeals in which it was argued that damages awards should be limited in cases where the employee in question had worked for several employers, none of which could be specifically blamed for the onset of the disease.

Tony Whitston, chairman of the Greater Manchester Asbestos Victims Support Group, slammed the decision. He claimed that many employers were more worried about cutting costs than workers’ health.

“It’s all about money – justice has been the victim of an incessant pursuit by insurers and employers to reduce the money they have to pay,”
he told Personnel Today. “Because of this judgment, cases will be much longer and more costly.”

Tom Brennan, GMB regional secretary, said the union would back a call for the government to introduce legislation “so that our members and dependants get the compensation they deserve”.

Nick Starling, director of general insurance at the Association of British Insurers, whose members stand to benefit from the ruling, said: “This is a very detailed and complex judgment, and the industry will study it carefully to examine the implications for claimants and insurers.

“Our overriding commitment is to ensure that claimants receive the compensation to which they are entitled.”

The cases in the appeal were Barker v St Gobain Pipelines, Murray v British Shipbuilders and Patterson v Smiths Dock.

JUDGMENT REASONING

Four years ago, in a similar claim, the Law Lords ruled that an employer who negligently exposed a worker to asbestos could be held 100% liable, even if the employee had worked for several companies, and it could not be proved which of them had caused the illness. But in this appeal, it was contended that an employer’s liability should be limited on a percentage basis to reflect the extent to which it contributed to an employee’s exposure to asbestos.


Avatar
Michael Millar

previous post
Traumatised Tube workers get horse whisperer therapy
next post
Health trusts provide on-demand childcare

You may also like

Davos 2022: ‘Invest in social jobs to save...

27 May 2022

Insight into severity of menopause symptoms

27 May 2022

P&O Ferries boss denies reputational damage after mass...

27 May 2022

Occupational health reforms ‘need momentum’, urges SOM

27 May 2022

Why Can’t Managers Manage? Chris Roebuck talks to...

27 May 2022

Parliament launches UK labour market inquiry

27 May 2022

Menopausal worker loses sex and disability discrimination claim

27 May 2022

Employers must help employees ‘flourish’ post-pandemic

27 May 2022

Age remains a barrier to upskilling finds research

27 May 2022

‘Inequality is embedded in our labour market’ says...

27 May 2022

  • The importance of being an ethical leader and how to become one PROMOTED | What is ethical leadership?...Read more
  • RPO Report: 2022, The Year to Outsource PROMOTED | Employers should be overwhelmed with choice...Read more
  • Report: Enabling organisational agility through talent & people success PROMOTED | Work has been challenged...Read more
  • Employee Trends 2022 report PROMOTED | Edenred research on employees analysed the key employees’ trends for 2022...Read more
  • How finance apprenticeships can boost business PROMOTED | As the world’s most forward-thinking professional accountancy body...Read more
  • Paul Devoy: Showing appreciation to the Investors in People community PROMOTED | Ask most people what comes to mind when you mention Investors in People...Read more
  • White paper: How digitalisation can support evolving occupational health PROMOTED | Download this free white paper to discover how digitalisation can help occupational health meet emerging challenges...Read more

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today