Prosecution led by shared legal service sees Morrisons fined £3.5m following death of epileptic employee
Supermarket giant Morrisons has been fined £3.5m following a successful prosecution by Tewkesbury Borough Council for failing to ensure the health and safety of an epileptic employee who died after falling from a shop stairway.
The prosecution was undertaken by One Legal, the legal service shared by Cheltenham Borough Council, Gloucester City Council, Stroud District Council and Tewkesbury Borough Council.
On 25 September 2014, Matthew Gunn, 27, was using the stairs in the supermarket's Tewkesbury store when he is believed to have had a seizure. The resultant fall caused severe head injuries and he died in hospital on 7 October 2014.
Morrisons - which was aware of Mr Gunn's epileptic condition - was deemed to have missed opportunities to ensure his safety. It was charged with three health and safety violations which it denied:
- 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.
- 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.
Sentencing took place on 17 March. The judge placed the offences in the highest category of culpability and harm, and Morrisons was fined £3.5m.
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.
“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.”
The council highlighted the importance of the outcome in sending a message to all employers of the importance of complying with basic health and safety duties, and properly assessing risks.
Morrisons has been approached for comment.
Harry Rodd
