John- Chopped by a chopping board

The frantic pace of work in restaurant kitchens is often shown on TV programmes featuring such celebrities as Gordon Ramsay. The aim to get food in front of the customer at precisely the right moment gets the adrenaline racing and adds to the glamour of the establishment. For the lowly waiters, however, this pace of work brings its own hazards.

John was a commis waiter, collecting cutlery in the kitchen to be laid at tables when his colleague was pushed from behind by another member of staff racing to attend on a customer. Unfortunately, this impact caused John’s colleague to drop the heavy wooden chopping board he was cleaning onto John’s foot causing a minor chip to his ankle bone. John had his ankle plastered at the hospital and was unable to work but his boss left him in no doubt that she expected him back very shortly if he wanted to keep his job. In the event, John went back for a short time but found the work too pressured and left to find work in a more civil environment.

John’s employers were, of course, liable for the actions of his co-workers in causing his injury and their insurers conceded liability, paying compensation of £5,000 as well as John’s legal costs in full.

This was a modest claim that was dealt with properly once it reached the employer’s insurers. John had the benefit of a no win no fee agreement and under the rules which will apply until the end of March 2013, we were able to undertake the work to an appropriate standard which included a visit to his home to take instructions as he was in plaster following his injury. The government will change these rules from 1 April 2013 so that fixed costs will be recoverable. These costs have been set at a very low level to discourage proper representation for people in John’s position.