£17,500 for ASDA bakery worker who suffered occupational asthma

Mr Lamont was employed as a baker by ASDA, working in the bakery production area of the store, an area not accessible to shoppers. Mr Lamont’s role involved preparing bakery products for sale and this exposed him to substances hazardous to his health, namely flour dust and yeast particles. It was often the case the flour dust would be blown around the room when mixers were operating and it was not unusual for Mr Lamont to himself be covered in flour dust by the time his shift ended.

The above situation was clearly hazardous, the risks associated with excessive exposure to flour dust have long been understood and accepted, and yet Mr Lamont was not provided with a face mask to protect him from inhaling the hazardous substances. Whilst the bakery production area was equipped with ventilation equipment these were often broken and therefore dust and particles were not being extracted from the air. Both the bakery manager and fresh food manager at the store had been told about the faulty ventilation equipment.

When Mr Lamont underwent a health check-up he was told that his breathing was not as it should be. Despite this, ASDA continued to have Mr Lamont working in the bakery production area for several more months. Mr Lamont’s breathing deteriorated to the extent he was diagnosed with occupational asthma.

Mr Lamont’s occupational asthma means he suffers impaired lung function and is now vulnerable to asthma attacks. He is now no longer able to work in a bakery, handicapping his competitiveness in the open labour market as this is where his experience lay.

Mr Lamont was advised and represented by Dominic Graham, a senior personal injury claim lawyer at Blackwater Law. The defendant denied liability throughout this industrial disease claim. Mr Graham, therefore, had to commence formal Court proceedings against the Defendant. The Defendant submitted a defence in which they denied liability.

Having built a formidable legal case for compensation for the client, the Defendants engaged in negotiations. Mr Lamont was represented in these negotiations by his personal injury lawyer at Blackwater Law, Dominic Graham, and a settlement of £17,500 was agreed. Needless to say, Mr Lamont was very pleased with the outcome.