Rex vs W.M. Morrisons Plc

This case involved an appeal by W.M. Morrisons Plc against convictions for health and safety breaches following the death of an employee with epilepsy.

TLDR:

• W.M. Morrisons Plc was convicted of three health and safety offences.
• The company was fined £3.5 million for failing to ensure employee safety.
• The appeal against the convictions was refused.
• The case highlights employer duties under the Health and Safety at Work Act 1974.

W.M. Morrisons Plc, a well-known supermarket operator, was convicted in the Crown Court at Gloucester on 2 February 2023 for three offences related to health and safety breaches. The case arose from the tragic death of Matthew Gunn, an employee with epilepsy, who fell from a staircase at the Tewkesbury store.

Matthew Gunn had been employed by the company since 2004 and suffered from two types of seizures. Despite his condition, he worked as a shelf replenisher and was required to use a staircase to access his locker, which was located on the first floor of the store.

The company's failure to move Matthew's locker to the ground floor, despite concerns raised by his mother and colleagues, led to his fatal fall on 25 September 2014. The prosecution argued that the company had not taken reasonably practicable steps to ensure his safety, such as relocating his locker, and had failed to conduct and review a risk assessment specific to his condition.

At trial, the defence contended that the risk of falling on stairs was a general life risk and not specific to the workplace. However, the jury found that the company's requirement for Matthew to use the stairs constituted a work-related risk, and the company had not taken adequate measures to mitigate this risk.

The appeal focused on whether the risk to Matthew Gunn was materially related to the company's activities and whether the company had a duty to conduct a person-specific risk assessment. The Court of Appeal upheld the conviction, emphasizing that the Health and Safety at Work Act 1974 imposes a duty on employers to ensure the safety of all employees, including those with disabilities.

The court rejected the argument that the risk assessment should have been considered under the Equality Act 2010, noting that the Act is concerned with discrimination and not workplace safety. The court also found that the company's failure to produce any risk assessment during the trial supported the jury's conclusion that no such assessment had been conducted.

This case sets an important precedent for employer liability in cases involving disabled employees and underscores the necessity for employers to take specific measures to ensure their safety in the workplace.

Legal representatives: Mr. R Matthews KC and Mr. C Ferguson for the applicant, Mr. R Atkins KC and Mr. M Jackson for the Crown.

Judicial Panel: Lord Justice William Davis, Mrs. Justice Cheema-Grubb DBE, His Honour Judge Dennis Watson KC.

Case Citation Reference: [2024] EWCA Crim 627