A railway station manager who claims he lost his leg after being infected with Covid by his boss at work is suing his employers for £1m.
David Gibson was a station manager working for Southeastern Railways, based at Herne Hill Station, in July 2021 when he came down with a severe case of Covid.
He was hospitalised with pneumonia, put in a coma and ultimately had his leg amputated below the knee due to a blood clot.
Mr Gibson, who had worked for the railway company since 2018, says he was infected at work during an office catch-up followed by a Wetherspoons breakfast with his area manager Danny Hackett.
He claims Mr Hackett was ‘coughing’ and visibly ‘unwell’ but nevertheless failed to wear a mask for most of the time they were together.
Married dad-of-three Mr Gibson is now suing for around £1m in compensation at London‘s High Court on the basis that he was negligently exposed to the Covid virus at work.
But lawyers for London and South Eastern Railways Ltd – trading as Southeastern – deny his claims and all blame for his illness, as well as insisting that if Mr Gibson caught Covid at work, it was his own fault.
In July 2021, England was in Step 3 of the Covid 19 roadmap, which included the wearing of face masks, a one metre social distancing rule and isolation of close contacts of a positive case.
David Gibson was a station manager working for Southeastern Railways, based at Herne Hill Station, in July 2021 when he came down with a severe case of Covid
At the time, Southeastern’s policy was to have staff stay at home if they had symptoms, while they were also told to follow social distancing guidance and not to congregate in offices.
In documents lodged with the court, Lisa Dobie, for Mr Gibson, says that as a key worker he was expected to go to work whilst social distancing restrictions were in place, but always took careful precautions to avoid close contact with others.
He would travel to work by car and train and ‘he would always wear a mask,’ she said.
She continued: ‘It was his practice to go to the front of the train to sit in first class.
‘At that time, July 2021, first class was usually empty. If anyone else was in the carriage, it was one or two passengers as a maximum.
‘The claimant could and would easily distance himself from those passengers.’
However, on 14th July 2021, Mr Gibson was invited to visit his area manager Mr Hackett at his office at Bromley South Station.
He ‘felt obligated to visit the manager’s office as he had been invited to do,’ she said, and found himself in a 2.5m by 5m office with Mr Hackett and two others.
‘Due to the dimensions of the office, and in accordance with the defendant’s procedures in place on that date, only two people should have been in the room at any one time,’ the barrister said.
‘There had been three of them in a closed small office space before the claimant arrived…[They] were not wearing masks.
‘Mr Gibson positioned himself in the room so that he was the furthest from all of them that he could be. His mask remained on.’
Mr Gibson visited his area manager, Danny Hackett, at his office at Bromley South Station (pictured)
His manager had ‘coughed a few times’ during the conversation, but then went on to invite his colleagues to breakfast at a local Wetherspoons pub.
‘The invite was unexpected and the claimant felt he could not decline,’ said the barrister.
‘During breakfast, Danny Hackett continued to cough as before and he sneezed into his hands twice and used his serviette in substitute for a tissue.
‘On the way back to the office from Wetherspoons, he continued to show signs of being unwell. Mr Gibson asked if he was okay and suggested he should go home to do a test.
‘Mr Hackett did not put his mask back on.’
Mr Gibson had planned to attend a staff team meeting later that day via his computer from Herne Hill, but ended up staying and attending in Mr Hackett’s office instead as there was not enough time.
Before the meeting began, Mr Hackett asked someone else to conduct it, telling colleagues he ‘wasn’t feeling well and had a sore throat’.
‘He said he had not been feeling well since the previous evening. He continued to cough,’ said the barrister.
‘Danny Hackett remained in the room for the full duration of the team meeting despite being unwell…He was visibly unwell and coughing during the meeting.
‘Mr Gibson was very angry but felt unable to direct his supervisor to leave..’
The barrister added that Mr Hackett had tested positive for Covid after attending work the next day, naming Mr Gibson as a close contact.
Two days later, Mr Gibson began to feel ill and tested positive on July 18.
His condition deteriorated and he was taken to hospital in Tunbridge Wells by an ambulance on the July 22.
‘Following his hospitalisation, he developed pneumonia as a complication of Covid.
‘The claimant was moved to ICU on 24 July before being placed in an induced coma on 29 July.
‘Sadly, the claimant required a left above knee amputation as a result of clotting complications caused by Covid.’
The barrister said Mr Gibson is suing Southeastern as being vicariously liable for the actions of Mr Hackett, who she said ‘negligently attended work in the knowledge that he was not feeling well and had a new cough.
‘He failed to perform a lateral flow test before attending work on 14 July.
‘He failed to leave work on 14 July when he was aware he was symptomatic and unwell.
‘He invited staff to attend his office in person without advising anyone of his symptoms, following social distancing rules and/or limiting the number of people in attendance at any one time.’
She claimed he had ‘turned a blind eye’ to the defendant’s policies and national guidance in failing to isolate, allowing more than two people in the office and not wearing a mask.
The barrister also said: He had ‘openly disregarded policies and procedures, thereby encouraging staff he managed to do the same.
‘The claimant has been unable to return to work for the defendant or any employer. On 31 March 2023, the claimant’s employment with the defendant was terminated on the grounds of ill health,’ the barrister said.
Rochelle Rong, for Southeastern, defended Mr Hackett’s actions, saying in its written defence to the action: ‘it is averred that he had not developed any symptoms that he did or was reasonably expected to associate with a Covid-19 infection prior to his subsequent positive lateral flow tests.
‘In particular, it is denied that he had developed a new continuous cough, loss of taste and/or smell, and/or high temperature prior to his ‘contact’ with the claimant.’
She also denied that Southeastern itself had allowed staff to turn a blind eye to guidance on social distancing, masks and reporting of contacts.
She said: ‘The defendant had in place a suitable and sufficient risk assessment in response to the evolving risks of Covid-19.
‘It is denied that the defendant encouraged a culture of “cautious reporting”.
‘Employees were instructed not to attend work if they had Covid-related symptoms.
‘It is denied that it was possible or practicable to instruct employees not to attend work as soon as they developed any non-specific symptoms which were not typical of a Covid-19 infection.
‘It is averred that the defendant’s actions as an employer are to be judged in the relevant circumstances at the time, including the prevailing knowledge and guidance regarding the risks and control measures of the Coronavirus, the national Covid-19 roadmap and the practical challenges of controlling the risks to its employees of a community-transmitted virus while maintaining operational standards.
‘The defendant acted reasonably and responsibly in all the circumstances of the case. Accordingly, liability is denied.
‘Further or alternatively, such injury as the claimant may prove was caused or contributed to by his own negligence.’
The barrister blamed the defendant for, amongst other things: ‘attending the Bromley South Station and Danny Hackett’s office in person… failing to remove himself from the Bromley South Station and Danny Hackett’s office when he allegedly observed him coughing’ and ‘going to breakfast at Wetherspoons and therefore knowingly exposing himself to greater risks of Coronavirus infection from his colleagues and/or the general public.’
The case reached court last week for a pre-trial hearing and will now go on to trial, unless the parties reach an out of court settlement beforehand.
