The worker, 65 at the time, was employed by Thirteen Housing Group when he lost his balance and fell from the top of a waste wagon while attempting to remove debris and shards of glass. He landed on his left arm, suffering a shoulder injury that significantly impacted his health and ability to work. 

Following the incident on June 4, 2021, workplace injury lawyers at Thompsons Solicitors were instructed through Unite the union legal services to investigate the circumstances of his fall. 

His legal team later brought a claim against his employer, arguing that it had failed in its duty under health and safety laws. 

Whilst the Defendant denied liability for the fall, claiming that standing on a wagon was strictly prohibited, the worker argued that climbing onto wagons was a routine practice, as there was no safer alternative for manually unloading waste. 

Proceedings were issued on May 21, 2024, and a trial was scheduled for January 22, 2025. 

However, the case took a significant turn due to the testimony of a Unite Union representative, who confirmed that the practice of climbing onto wagons was commonplace, that management was aware of the risks, and that he had raised safety concerns in meetings long before the incident occurred. 

The union representative was further able to show that he had costed a proposal for installing safety barriers around the wagons, but that no action had been taken by management. 

In the lead up to the trial this evidence was put to the defendant, which eventually agreed to four-figure compensation payment on January 20, 2025. The settlement reflects the severity of the worker’s injuries and his loss of earnings. 

Daniel Cocks from Thompsons Solicitors, who acted on the case, said: “This case demonstrates the vital role of union representatives in workplace safety disputes. Without their evidence, the Defendant may have succeeded in shifting blame entirely onto the worker. 

“Instead, his testimony exposed the reality of the situation—that this dangerous practice was well known and preventable. The Defendant’s last-minute decision to settle speaks volumes.” 

The Unite Legal Director Stephen Pinder commented:- 

“Unions exist to protect workers, and this case shows why they are essential. Management had the chance to prevent this but chose to ignore clear warnings. Thanks to the Unite representative’s evidence and the legal support from Thompsons, the employer was held to account. Unite will continue fighting for safer workplaces and ensuring that employers take responsibility before harm occurs—not after.” 

The settlement reflects the impact of the injury on the worker’s health and provides compensation for loss of earnings before retirement in March 2023. 

This case serves as a powerful reminder of the importance of listening to union safety representatives. Had the employer acted on concerns when they were first raised, this legal action—and the harm suffered—could have been avoided entirely.