Our client was a refuse collector employed by Angus Council. He had a known history of arthritis in his hips, which had previously led to periods of absence from work. Following a return-to-work meeting in December 2019, it was agreed that he would be restricted to light duties, specifically including work on bin lorries, to avoid aggravating his condition.
How we helped our client
Despite this agreement, in February 2020, he was instructed by his supervisor to undertake “wheelbarrow duties”—a physically demanding task involving manually transporting a heavy wheelbarrow around town to collect rubbish. The empty wheelbarrow alone weighed approximately 170 kilograms, and its weight increased as it filled with refuse. He had never previously performed these duties and had not received any training for them.
He immediately raised concerns with his supervisor, reminding him of the agreed light duties and warning that the task would exacerbate his hip condition. His supervisor refused his request to return to bin lorry duties and told him that if he would not perform the wheelbarrow duties, he would be sent home without pay.
Our client worked three consecutive days on wheelbarrow duties, during which he experienced significant pain in his back, hips, and legs. On 5 February 2020, he attended his GP, who advised that he should not be undertaking such heavy work and signed him off as unfit for work. He subsequently raised a grievance with Angus Council, who later apologised for the way his concerns had been handled and undertook to improve their procedures in future. However, by March 2021, our client was deemed unfit for any duties in the Refuse Collection Service and was medically retired.
Impact on our client
As a result of being required to undertake unsuitable duties, our client’s arthritis was both exacerbated and accelerated, forcing him into early retirement. He now suffers ongoing pain and inconvenience, requires a walking stick, and is unable to walk long distances. He has developed a Mixed Depressive and Anxiety Disorder and has become withdrawn and easily irritated. He has been unable to return to work and has lost his sick pay. He has also required increased support from his wife for daily activities and has been unable to provide the same level of help to his family as before.
Settlement
We raised a court action against Angus Council, alleging fault and negligence, including breaches of health and safety regulations and a failure to provide a safe system of work. The case included claims for injuries, services, past and future loss of earnings, loss of pension rights, loss of employability, and miscellaneous expenses. The matter was settled for a five-figure sum, reflecting the seriousness of our client’s injuries, the impact on his quality of life, and his forced early retirement.
