William Eichler 20 March 2023

Council welcomes £3.5m Morrisons fine after employee death

Council welcomes £3.5m Morrisons fine after employee death image
Image: Peter_Fleming / Shutterstock.com.

Morrisons has been fined £3.5m following a successful prosecution by Tewkesbury Borough Council after the death of an epileptic employee in one of the supermarket’s stores.

Matthew Gunn, 27, was using the stairs in the Tewkesbury store in 2014 when he is believed to have had a seizure and fallen over, sustaining severe head injuries in the process. He died in hospital nearly two weeks later.

Morrisons, which was aware of Mr Gunn's epileptic condition, was deemed to have missed opportunities to ensure his safety and was charged with four health and safety violations.

The supermarket denied three of the charges, which were a failure to ensure the health and safety of an employee who had epilepsy; failure to carry out a suitable and sufficient assessment of the risks to the employee who had epilepsy; and failure to review risks to which an employee with epilepsy might be exposed.

Morrisons admitted a fourth charge of failing to supply the council with requested information relating to the death of the employee.

On 2 February 2023, following a three-week trial at Cirencester Courthouse, the jury found Morrisons guilty on all four charges.

Tewkesbury Borough Council's head of Community Services, Peter Tonge, said: ‘This was a long and difficult investigation, and the successful court outcome is a reflection of the dedication and professionalism of our investigation team.

‘Matthew Gunn was extremely vulnerable to health and safety risks in his workplace due to his severe epilepsy.

‘Despite being aware of the risks, Morrisons failed to put in place a number of simple measures which could have kept Matthew safe at work. Furthermore, Morrisons failed to co-operate with elements of our investigation, and we are satisfied that the substantial fine imposed by the court reflects the seriousness of the omissions and failures on the part of the company.

‘We hope this court outcome will send a message to all employers of the importance of complying with basic health and safety duties, and properly assessing risks, especially when it comes to vulnerable employees.’ Morrisons has been contacted for comment.

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