The Weekly Law Reports
[2016] 1 WLR 4487
Court of Appeal
*Greenway and others v Johnson Matthey plc
[2016] EWCA Civ 408
2016 Feb 23,
24;
April 28
Lord Dyson MR, Davis, Sales LJJ
Negligence— Duty of care— Employee— Claimants developing sensitivity to platinum salts following employer’s breach of statutory duty— Sensitivity not physically harmful— Collective agreement providing for contractual periodic testing of employees at risk of sensitisation to avoid development of platinum allergy— Further provision for redeployment of sensitised employees or termination of employment on special terms— Claimants claiming in tort and contract for financial losses on redeployment or termination— Whether claimants suffering actionable injury— Whether employer owing duty of care to protect from financial loss— Whether implied term in contract to protect from financial loss