In an effort to keep warm, the staff member had attempted to break up cardboard croissant boxes to cover the vent blowing out freezing cold air but her hands were too cold to do so, as she was only wearing jeans and a t-shirt.
The employee attempted to move around, but quickly became unwell and began to lose feeling in her thighs and feet.
Westminster Magistrates’ Court was told that the freezers typically operated at -18C and sadly the staff member was not located until around 2.5 hours later in a state of distress, with her legs and feel having gone numb and she was struggling to breathe.
Following the incident, an investigation was completed which confirmed that the company had failed to risk assess the dangers of employees working in temperature-controlled environments, and there had been many reports regarding the push buttons becoming defective or frozen in the 19 months prior to the incident.
Shockingly, it was heard that another employee had become stuck in the walk-in freezer 18 months prior, when the internal door release mechanism was faulty.
Pret-A-Manger pleaded guilty to a breach of the Health and Safety at Work Act 1974 following the investigation, and was ordered to pay a £800,000 fine along with £23,667 in costs.
The company has since advised that:
“We are incredibly sorry for our colleague’s experience and understand how distressing this must have been. We have carried out a full review and have worked with the manufacturer to develop a solution to stop this from happening again.
“Following the incident, we have revisited all our existing systems and where appropriate, enhanced these processes, and have cooperated fully with Westminster city council’s investigation.”
Whilst there are no strict legal requirements regarding maximum and minimum working temperatures, government guidance recommends working between 13C and 16C if completing physical work.
However, employers are required to assess any risk of harm that their employees may be exposed to, including any potential injuries arising from hot or cold temperatures, and implement measures to prevent the same.
Examples of this can be by providing regular breaks and warmer workrooms, where employees can visit to ensure that they do not remain in freezing temperatures for an excessive amount of time, supplying appropriate thermal workwear or by issuing alarms to alert others if they become trapped in such an environment.
Such measures may prevent injuries such as asthma, respiratory conditions, Reynaud’s disease, circulatory problems, frostbite, pneumonia or cardiovascular issues, to name a few examples.
Sadly, despite Pret-A-Manger having an on-site walk-in freezer, the company appear to have failed to complete any appropriate risk assessments or incorporate adequate safety measures, which highlights the potential damage and repercussions which may follow if a company fails to take such simple and effective measures.
Accidents at work – Oakwood Solicitors
Workplace temperatures – GOV.UK
Temperature: What the law says – HSE
If you have any questions or concerns about your working conditions or wish to submit a claim for compensation, please get in touch today for a no-obligation consultation with our Employers’ and Public Liability team.
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Meet the author
Alex Singleton joined Oakwood Solicitors in April 2021 as an experienced Paralegal, having worked in Personal Injury since 2018. Currently, Alex works in the Employers’ Liability and Public Liabilit…
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