Worker Seeks £1 Million After Alleging He Lost Leg Due to Boss Spreading Covid at Wetherspoons Breakfast

A WORKER is suing for £1million after claiming he lost his leg when his boss gave him Covid at a Wetherspoons breakfast.

David Gibson was a station manager for Southeastern at Herne Hill Station when he came down with the virus in July 2021.

David Gibson worked for Southeastern when he got Covid (stock image)Credit: Alamy He lost his leg after being taken to hospital, the court heardCredit: Champion News Service

The dad-of-three was hospitalised with pneumonia, put in a coma and ultimately have his leg amputated below the knee due to a blood clot.

Gibson is now suing the railway company for £1million on the basis that he was negligently exposed to at work.

But lawyers for London and South Eastern Railways Ltd – trading as Southeastern – deny his claims and insist if Gibson caught Covid at work, it was his own fault.

The High Court was told at the time, was in Step 3 of the Covid roadmap, which included wearing face masks and a one metre social distancing rule.

At the time, Southeastern’s policy was to have staff stay at home if they had symptoms, while they were also told to follow social distancing guidance and not to congregate in offices.

Lisa Dobie, for Gibson, said as a key worker he was expected to go to work while social distancing restrictions were in place but always took careful precautions to avoid close contact with others.

This included travelling to work by car and always wearing a mask when on the train working, she said.

On July 14, 2021, the court heard Gibson was invited to visit his area manager Danny Hackett at his office at Bromley South Station.

Ms Dobie said he “felt obligated to visit the manager’s office as he had been invited” and found himself in a 2.5m by 5m office with his boss and two others.

His manager had “coughed a few times” during the conversation but then asked his colleagues to breakfast at a local Wetherspoons pub, it was said.

Ms Dobie continued: “The invite was unexpected and the claimant felt he could not decline.

“During breakfast, Danny Hackett continued to cough as before and he sneezed into his hands twice and used his serviette in substitute for a tissue.

“On the way back to the office from Wetherspoons, he continued to show signs of being unwell. Mr Gibson asked if he was okay and suggested he should go home to do a test.

“Mr Hackett did not put his mask back on.”

The heard there were plans for a staff team meeting later that day but Hackett asked someone else to conduct it – telling colleagues he “wasn’t feeling well and had a sore throat”.

But Ms Dobie said he “remained in the room for the full duration of the team meeting” and continued to cough.

He then tested positive for Covid after attending work the next day – naming Gibson as a close contact.

Around two days later, the court heard Gibson tested positive and was taken to hospital by ambulance on July 22 after his condition worsened.

Ms Dobie said he developed pneumonia as a “complication of Covid” and was moved to the ICU on July 24 before being placed in an induced coma.

Gibson’s leg was amputated above the knee as a result of clotting complications caused by Covid, the lawyer continued.

She said Gibson is suing Southeastern as being vicariously liable for the actions of Hackett, who “negligently attended work in the knowledge that he was not feeling well and had a new cough”

The barrister said he failed to perform a lateral flow test before attending work on July 14 and did not leave when he was aware he was “symptomatic and unwell”.

She added: “The claimant has been unable to return to work for the defendant or any employer.

“On 31 March 2023, the claimant’s with the defendant was terminated on the grounds of ill health.”

But Rochelle Rong, for Southeastern, defended Hackett’s actions, saying he had not developed any symptoms that he was “reasonably expected to associate with a Covid infection prior to his subsequent positive lateral flow tests”.

She also told the court he had not developed a new continuous cough, loss of taste and/or smell, and/or high temperature prior to his so-called contact’ with Gibson.

Ms Rong also denied Southeastern had allowed staff to turn a blind eye to guidance on social distancing, masks and reporting of contacts.

The case will now go to trial unless the parties reach an out of court settlement beforehand.

Gibson had been invited to a meeting at Bromley stationCredit: Champion News Service