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Hadoulis v Trinatours Ltd, High Court

8 October 2002
The issues

Health and Safety (Display Screen Equipment) Regulations 1992 – Fibromyalgia – Work Stations – upper limb disorders

The facts

Claimant suffered from upper limb disorder and fibromyalgia which she alleged was caused by her employment with the Defendant Travel Agency. She began working for the Defendant in 1995 as a Booking Clerk. She had to use computers. She complained of back pain in March 1998 and was later diagnosed as suffering from a work related upper limb disorder. She claimed that her injuries were caused by excessive workload, lack of training as to her work and work station, too few breaks – and the provision of an unsuitable chair.

The decision

1. The Defendant had breached the Display Screen Equipment Regulations because there had been no assessment of the Claimant’s work station as required by Regulation 2. Moreover, no health & safety training had been given as required by Regulations 6 and 7.

2. There had been no other breaches of the regulations and the Court found no breach of any common law duty of care.

3. The Claimant failed on causation. It could not be said that if the breaches had not occurred the Claimant’s problems would not have existed. Claim dismissed.

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