Greenway v Johnson Matthey plc

Subject Matter

NEGLIGENCE — Damage — Tort — Contract — Claimants employed by defendant at chemical plant — Claimants developing sensitivity to platinum salts — Claimants bringing claims in tort and contract — Whether claimants suffering actionable injury

[2014] EWHC 3957 (QB); [2015] PIQR P10; [2014] CN 2094, QBD

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

[2016] EWCA Civ 408; [2016] 1 WLR 4487; [2017] ICR 43; [2016] WLR (D) 224, CA

NEGLIGENCE — Duty of care — Employee — Claimants developing sensitivity to platinum salts following employer’s breach of statutory duty — Sensitivity not itself physically harmful but leading to allergic reaction on further exposure to platinum salts — Employment contracts providing for 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 for financial losses on redeployment or termination — Whether claimants suffering actionable personal injury

[2018] UKSC 18; [2019] AC 403; [2018] 2 WLR 1109; [2018] ICR 715; [2018] 3 All ER 755; [2018] WLR (D) 182; Case details, SC(E)

Appellate History

Commentary

UK Human Rights Blog
March 23, 2018 by Rosalind English Sensitisation to allergy is physical injury – Supreme Court Case comment