THOMPSONS SOLICITORS

Personal Injury Law Review Summer 2007
Justice for dock workers
The Court of Appeal has ruled – in Wright & Thompson -v- Secretary of State for Trade & Industry – that dock workers who were registered under the National Dock Labour Board scheme can sue the government if they develop an asbestos related disease.

Thousands of dock workers, who were employed in ports around the UK, will benefit from the decision as it will make it easier for those with conditions such as mesothelioma, asbestosis and pleural thickening, to claim compensation.

Many of those affected were exposed to dangerous asbestos dust while removing raw asbestos from cargo ships in port.

The asbestos was imported during the 1950s and 1960s in sacks, which would often split as they were unloaded. The dockers were never provided with any protection from the harmful dust.

Until now, some workers had to identify the individual ship owners to claim compensation. This was very difficult as many of the shipping companies no longer exist.

Smoke free workplaces
Following the introduction of the Health Act 2006, smoking in all enclosed public spaces and workplaces will be outlawed from 1 July 2007 in England. Wales, Scotland and Northern Ireland are already smoke-free.

The regulations are a health and safety measure to protect workers from the health risks of passive smoking.

With limited exemptions, smoking will be banned in all indoor places such as offices, shops, schools, hospitals, pubs, restaurants, theatres, cinemas, casinos and public transport.

Workplace vehicles will also be included if they are used by more than one person at any time, unless they have no roof or the roof is completely stowed away.

The law will apply to all places that are fully enclosed or “substantially enclosed”, meaning premises that have a ceiling or roof (including retractable structures such as awnings) and less than half of the perimeter walls have openings other than windows or doors. Temporary or moveable roofs or walls do not attract an exemption .


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Thompsons solicitors website

28th June 2007

NEWS IN BRIEF
WE’RE ALL GOING ON A …
Following an earlier consultation on statutory holiday entitlement, the Government has now published regulations increasing the number of holidays from 20 to 24 from October this year. These will be increased to 28 days from April 2009. The Government has calculated that about six million workers will benefit.

The regulations state that:

• To encourage early implementation, companies who offer their workers 28 days leave or more by 1 October 2007 and meet certain other related standards, will not have to abide by the new legislation, as long as they continue to meet these standards
• As a transitional measure, companies will be allowed to “buy out” the additional leave entitlement (the four extra days) introduced in October 2007, but only until 1 April 2009
• All part-time workers will be entitled to the extra holidays on a pro-rata basis

The DTI will set up an online calculator to make it simpler for everybody to work out their new holiday entitlement.

To download a copy of the consultation response, go to:
www.dti.gov.uk/files/file39592.pdf