Greenway v Johnson Matthey Plc, High Court, 2014
Facts
The claimant employees were exposed to complex halogenated
platinum salts and as a result had developed sensitivity to
platinum. Since this sensitivity can, with further exposure, lead
to an allergy, the employees were removed from their regular posts
and eventually handed in their notice.
Much of the case involved a comparison between platinum
sensitisation and pleural plaques. The claimants sought to argue
that they had sustained actionable injury because the sensitivity
had led directly to a reduction in their earning capacity.
Held
Jay J held that there was no actionable injury in tort in this
case.
The progression to an allergy would not occur if the employee is
removed from the source of the sensitisation. Although such a
removal may result in economic loss for the employee, that is not
the same as an injury. The sensitivity in itself is not
harmful.
