Chell v Tarmac Cement & Lime Limited [2020]

The claimant was employed by Roltech Engineering Ltd as a site fitter and he was contracted out to the defendant along with his brother.   The defendant also employed its own fitters who worked alongside the claimant and his brother.   There was some consternation between the Roltech brothers and the site fitters employed by the defendant as there was an unsubstantiated worry that their jobs may be at risk.

The incident which led to the proceedings took place on 4^th September 2014 when the claimant bent down to pick up a length of cut steel.   Mr Heath, one of the employees of the defendant, had brought two ‘pellet targets’ onto the site and he placed them on a