Tool Maker Wins Battle For Justice in Occupational Asthma Claim
02/03/2011
A Hereford man who was forced to end his career after developing occupational asthma has urged all employers to improve safety standards and prevent other workers from suffering.
Philip Gundy, 59, was forced to retire as a tool maker at manufacturing firm Timothy Ormerod Ltd, where he worked since leaving school in 1967, after he began to experience severe shortness of breath and painful coughing.
Mr Gundy first began to experience symptoms in 2005 and just a year later, doctors told the former Territorial Army volunteer the devastating news that he had contracted occupational asthma as a result of the chemicals he was exposed to at work, and he was left with no choice but to give up the job he loved.
Mr Gundy was employed by Timothy Ormerod Ltd for a total of 35 years after initially joining the company as an apprentice. He was regularly involved in working with grinding machines, which used metalworking fluids as coolants to both reduce heat and dust produced by the grinding process.
Specialist industrial disease solicitors from Irwin Mitchell successfully argued that the asthma, which led to the development of hyperventilation syndrome, was caused by exposure to coolant fluid during his employment.
Mr Gundy explained: “My life has been turned upside down by my illness, particularly as it took medical experts the best part of a year to get to the bottom of what had caused me to suffer my initial symptoms.
“The problems have really taken their toll and while the impact does vary from day to day, at worst I struggle to walk 100 yards before feeling breathless.”
Iain Shoolbred, an Associate Solicitor at Irwin Mitchell’s Birmingham office who represented Mr Gundy, called on businesses across the UK to pay greater attention to the safety of their employees.
He said: “The Judge ruled not only that Mr Gundy had occupational asthma, but also that his illness was caused by his employer’s failure to operate a safe system of maintaining and monitoring the coolant used in the grinding machines he operated.
“After many years of loyal service at the firm Mr Gundy suffered the double blow of losing the ability to do job that he loved, as well as receiving the news that his work was responsible for his illness. Added to this, having to finish work has caused severe financial hardship.
“It has undoubtedly been a distressing time for him, as he had to attend a hard-fought trial which lasted four days throughout which his employer robustly denied responsibility for his suffering. Shockingly they repeatedly claimed that he did not even have asthma, let alone occupational asthma. We hope that this judgment will raise awareness of occupational asthma and the impact it can have on sufferers and help others in similar situations now, and in the future.
“Businesses always need to pay attention to the health and safety of workers. Otherwise, as this case highlights, there could be serious consequences for both them and their employees.”
Iain added: “The judge accepted that Mr Gundy’s employers could not rely on a lack of evidence to say there had been no contamination, because they had failed in their legal duty to undertake tests which would have highlighted this.
“This sends a clear message to companies – they need to be actively monitoring materials and substances used in working environments which potentially pose a health risk to workers. It is vital that employers take all necessary steps to comply with their legal duties to protect workers from exposure to substances at work which could harm their health.”
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