Thursday, March 01, 2012

Multiple dismissal unfair says tribunal

Digby Brown achieved a successful result for multiple employees of a private school who were made redundant without any consultation. The school had gone into liquidation and required to be closed however the board did not enter into appropriate consultations with staff. The Tribunal made a protective award to all claimants who made a claim. Each claimant was awarded 90 days pay.

Friday, February 24, 2012

Back injury caused by disputed accident at work settles for £60,000

The client was involved in an accident at work in which he sustained an injury to his back. This injury meant he was no longer able to carry out heavy manual work. The client had been employed by the firm for over 20 years and was made redundant following the time off he had had due to his injury. The client contacted Digby Brown who took on the case. Attempts to negotiate a settlement with the insurers failed and Digby Brown raised proceedings in the Court of Session. Liability was denied at the outset and remained disputed throughout the proceedings. The matter finally settled for £60,000.

Wednesday, February 22, 2012

Exposure to asbestos causes mesothelioma

Mr S. was exposed to asbestos during his career in the Merchant Navy.  At the age of 66 he was diagnosed with mesothelioma, a cancer of the pleura of the lung.  He contacted Digby Brown who arranged for his evidence to be recorded and, within 2 months, he had died.  Mr S.’s evidence was confused due to the painkilling medication he was prescribed.  Only one witness was traced who was able to confirm some of the exposure Mr S. reported.

A claim was made on behalf of the Executor, Mrs S., and Mr S.’s children from a previous marriage.  In addition, claims were made for the children and grandchildren of Mrs S., some of which were adults when Mr S. married their mother.  Ultimately damages were recovered for 16 family members.

One of the grandchildren wrote: “Thank you so very much for everything you have done to help my Grandpa and my Nanny.  There are no real words to describe how difficult this has been for our family.  I am so pleased you had a positive outcome as our case wasn’t exactly straightforward.  Thank you, I know how hard you all worked to achieve this.”