Unite welcomes Northern Ireland's asbestos decision but England and
Wales still denied rights to compensation
6 December 2011
Unite, Britain's biggest union, has called for an end to the
shameful situation of English and Welsh citizens being denied the
right to claim compensation for an asbestos related condition, when
the citizens of Northern Ireland and Scotland can.
Unite has welcomed the Northern Ireland executive's announcement
today (6 December) that people suffering from the asbestos-related
lung condition pleural plaques will be able to seek compensation
from 14 December 2011.
The right to sue for compensation for pleural plaques – a
scarring of the lining of the lungs caused by asbestos – was ended
on 17 October 2007 when the House of Lords ruled in favour of
insurers in a test case. However the ruling has been overturned in
Scotland and now in Northern Ireland by the devolved
governments.
Similar legislation in Scotland was the subject of a
long-running challenge initiated by insurers, which went before the
UK supreme court. On 12 October this year, the supreme court
rejected the insurers' claims that the legislation infringed their
human rights and was outside the competence of the Scottish
parliament.
Unite's director of legal services Howard Beckett said: "It is
great news that our members in Scotland and now Northern
Ireland can be compensated for developing the asbestos related
condition, pleural plaques.
"However, workers in England and Wales are left in the cold and
have no rights to claim compensation for being exposed to asbestos
due to the negligence of their employers. This segregation must
end.
"It is time the government woke up to the fact that exposure to
asbestos is a serious health and safety issue, and only by the fear
of litigation can the excesses of irresponsible employers be
prevented."
The decision by the House of Lords in 2007 meant the end to an
established right to compensation, which existed for 20 years, for
pleural plaques, which are in almost every case caused by workers
being exposed to asbestos due to the negligence of their
employers.
Pleural plaques seldom causes immediate symptoms but are
associated with an increased risk of developing fatal conditions
like mesothelioma or asbestosis. In the past claimants could
receive compensation worth up to £15,000.
ENDS
Contact: Ciaran Naidoo on 07768 931 315
Notes to editors:
The right to sue for compensation for pleural plaques – a
scarring of the lining of the lungs caused by asbestos – was ended
on 17 October 2007 when the House of Lords ruled in favour of the
insurers in a test case backed by the Unite union.
From the date of the ruling Unite has campaigned for the law to
be overturned or for the government to intervene. In February
2010 the Labour government announced that payments of up to £5,000
will be made to pleural plaques sufferers who had brought but not
resolved a legal claim prior to the House of Lords decision.
