Train driver gets green light to sue employer

A train driver who developed a debilitating wrist injury during the course of her work has won the right to sue her employer for failing to provide her with adequate safety training.

The case illustrates the need for firms to ensure that they meet their legal obligations towards staff.

Latona Allison developed tenosynovitis while working as a driver for London Underground. The injury was due to regular use of the brake control.

The Court of Appeal heard that the shape of the handle had been designed with the help of two experienced train drivers who wanted to make it more comfortable to use. However the company had not taken specialist advice from experts in ergonomics before introducing the modified design and drivers were not given special instructions in how to use it in a way that minimised the risk of injury.

Ms Allison claimed her employer failed to carry out its duty under the Provision and Use of Work Equipment Regulations 1998 to provide her with adequate training.

The Appeal judges said that London Underground must have known there was a risk of injury and should have sought expert advice. They ruled in Ms Allison’s favour and she is now free to seek compensation for her injuries.