Scott v Plastic Omnium Ltd [2022]

The claimant was employed by the respondent as an ‘Operator’ and his role was to drive forklifts. He had worked for the respondent first as an agency worker from 2017 and under contract with the respondent from February 2019.

On 20th April 2021 the claimant was using a fork-lift to move an empty stillage (a rectangular steel cage). The claimant was involved in an accident which led to a number of stillages falling form a stack with one falling onto the roof of another forklift being driven by another worker. This was investigated with the claimant stating that it was not stacked properly and that only damage was caused with no injury to others. A subsequent interview took place with the