The case
Before Mr Justice Martin Spencer
Queen’s Bench Division
The facts
Tarmac operated an aggregates quarry at Bayston Hill in Shropshire. Mr Chell was employed by Roltech Engineering Ltd and from 2013 worked at the quarry as a subcontracted site fitter alongside Tarmac’s own staff. Tarmac’s detailed health and safety rules for the quarry included a prohibition against intentional or reckless misuse of equipment but did not specifically forbid practical jokes.
During 2014 tensions arose at the quarry between the Tarmac employees and the Roltech workers over fears of job losses. Mr Chell raised concerns with his supervisor and then with Tarmac’s representative during August 2014 but he continued working at the quarry.