A Unite member from Leeds secured over £8,000 compensation with the help of his union and Thompsons Solicitors, after an accident at work left him requiring surgery and forced him to take sick leave for ten months.
Mr Kelly, 57, is employed as a drayman delivering beer barrels, cases of wine, bottled lagers and beers to pubs and bars. Mr Kelly has worked for the same global transport and Logistics Company since 2003.
In June 2018, a busy delivery required a significant amount of heavy lifting and at the end of the shift, Mr Kelly was in a lot of pain with his right shoulder which only got worse over the next few days, leaving him unable to sleep.
Mr Kelly explained: “More often than not, the beer barrels in the delivery wagon were double stacked. Given there is very little room in the back of the wagon that meant I had to lift 22gallon, 120kg barrels from the top stack and drop to the ground. In moving it I couldn’t let of the barrel because it needed to be controlled not just let to roll away. That manoeuvre aggravated an existing shoulder injury.”
Additionally, we were often required to lower the beer barrels into beer cellars using a drop rope system which wasn’t easy and then there were tasks outside of normal day-to-day duties all of which Mr Kelly believes contributed to his shoulder injury.
Recognising the pain, Mr Kelly’s team leader recommended that he see the work’s physiotherapist, who informed him that he had pulled a muscle in his shoulder. He was told to do driving duties only and avoid any lifting.
He remained on driving duties for a few months, but was then told by his employer that, if he was unable to return to his contractual duties as a drayman, he would have to take sick leave.
Mr Kelly went on the sick and whilst off underwent surgery for a torn rotator cuff. In all he was away from work for ten months.
Mr Kelly, who has since returned to work as a drayman, said: “During my absence from work, the unsafe system of double stacking the larger barrels was changed. They are now single stacked. I am pleased that my employer took my injury seriously and have changed the working systems meaning that I can return to a job that I love.”
As a member of Unite, Mr Kelly was entitled to free legal help from Thompsons Solicitors.
Karen Reay from Unite the union said: “Mr Kelly’s case is a perfect example of why trade union membership is so important. We got him compensation for an injury that wasn’t his fault, and the employer changed the work system so others won’t be injured in the future.”