Industrial disease case

A Yorkshire man, who suffered a severe exacerbation of his Cystic Fibrosis condition while at work, has secured compensation with the support of UNISON and Thompsons Solicitors.

Thirty-six-year-old Ricky Carrott, from Driffield in North Yorkshire, was diagnosed with the life-limiting condition at the age of five. His condition means that sticky mucus builds up in his lungs and digestive system, which can cause him breathing difficulties.

Ricky worked as a porter for Scarborough Council at the town’s indoor market and when a major refurbishment began, Ricky was encouraged to continue working as normal despite his poor health. The council pushed forward with the project without undertaking a risk assessment and without providing Ricky with any information that might help him understand the potential impact the dangerous levels of dust could have on his lungs.

Ricky continued to work through the building programme but went on to develop breathing problems and was signed off work. When he eventually returned, Scarborough Council terminated his employment, deeming him unfit to carry out his job properly.

As a member of UNISON, Ricky turned to Thompsons Solicitors to bring a case against Scarborough Council who, having admitted liability at the start of the case, later tried to change their position, but the court found in favour of Ricky, awarding him £170,000 in damages.

Clare Timmins, at Thompsons Solicitors, said: “The council failed on every level to protect Ricky even though they knew about his condition. There was no risk assessment, no steps taken to control or remove the dust and at no point did they consider whether it was safe or not for him to remain on site during the refurbishment. They paid no regard to the risks they exposed Ricky to, despite knowing about his ill-health. Ricky has suffered the consequences and will continue to do so.”

Ricky said: “I am grateful to both the union and Thompsons for all their support throughout the case. The end result is life-changing for my family. It means that my house is paid for now and, if anything else happens to me, the bills will be covered which is a huge weight off my shoulders. It has been a long process but a smooth operation. I would like to thank the team at Thompsons, who were very on the ball and kept me in touch from start to finish.”