The RSI issue has re-surfaced after a bank clerk who worked for two years at a defective workstation was awarded nearly a quarter of a million pounds in damages. Fiona Conaty was forced to leave work at the age of just 23 and move back in with her parents after developing repetitive strain injury (RSI) while employed by Barclays Bank. This is thought to be the highest amount so far awarded for a claim of this nature.

Employers are required under the Management of Health and Safety at Work Regulations 1999 to protect employees from the risk of RSI. Previous cases have also shown that employers have a duty to warn both new and existing employees (in the event of a transfer to a particular job involving a known RSI risk) of the risks and to do so on a regular basis. The Display Screen Equipment Regulations require that breaks from keyboard use should be built into the working day.

This latest award comes as lawyers acting for personal injury victims have demanded substantial increases in the level of awards. Court of Appeal judges decided that there should be a staggered increase in awards for personal injury, with a maximum rise of one-third for the highest awards. Most awards are below £100,000 and these will not be affected.

Andrew Sheppard of Barlow Lyde & Gilbert will review recent RSI case-law in the next issue of Facilities Management Legal Update. The article will also explain what steps facilities managers should be taking to lessen the risk of harm to employees and liability to employers.