A railway station manager who alleges he lost his leg after being infected with Covid-19 by his boss during a work meeting is pursuing a £1 million compensation claim against his employers. David Gibson, a station manager for Southeastern Railways based at Herne Hill Station, fell severely ill with the virus in July 2021, leading to hospitalisation, a coma, and ultimately a below-knee amputation due to a blood clot.
Details of the Alleged Workplace Exposure
Mr Gibson, who had been employed by the railway company since 2018, asserts that he contracted the virus during a workplace interaction with his area manager, Danny Hackett. The incident involved an office catch-up at Bromley South Station followed by a breakfast at a local Wetherspoons pub. According to court documents, Mr Hackett was reportedly coughing and visibly unwell but failed to wear a mask for most of their time together, despite Covid-19 safety measures being in place.
Breach of Safety Protocols
At the time, England was in Step 3 of the Covid-19 roadmap, which mandated face masks, one-metre social distancing, and isolation for close contacts of positive cases. Southeastern's policy required staff to stay home if symptomatic and adhere to social distancing guidance, avoiding congregation in offices.
Lisa Dobie, representing Mr Gibson, stated that as a key worker, he took careful precautions, including wearing a mask and distancing himself during train commutes. However, on 14th July 2021, he felt obligated to attend a meeting in Mr Hackett's office, which measured 2.5m by 5m and housed four people—exceeding the recommended limit of two. Mr Hackett and others were not wearing masks, and Mr Gibson, though masked, positioned himself as far away as possible.
Escalation of the Situation
The situation worsened when Mr Hackett invited colleagues to breakfast at Wetherspoons, where he continued coughing and sneezed into his hands. Upon returning to the office, he showed further signs of illness but did not put his mask back on. Mr Gibson later attended a team meeting in the same office, where Mr Hackett, still unwell, remained present throughout.
Mr Hackett tested positive for Covid-19 the next day, listing Mr Gibson as a close contact. Mr Gibson began feeling ill two days later, tested positive on 18th July, and was hospitalised on 22nd July with pneumonia. He was moved to ICU, placed in an induced coma, and ultimately required a left above-knee amputation due to clotting complications from Covid-19.
Legal Arguments and Denials
Mr Gibson's legal team argues that Southeastern is vicariously liable for Mr Hackett's negligence, alleging he attended work knowing he was unwell, failed to take a lateral flow test, and disregarded policies on isolation, social distancing, and mask-wearing. They claim this encouraged a culture of non-compliance among staff.
In response, Rochelle Rong, representing Southeastern, denies the allegations. She asserts that Mr Hackett had not developed symptoms typical of Covid-19 prior to their interaction and that the company had implemented suitable risk assessments and followed national guidance. Southeastern contends that Mr Gibson's own actions, such as attending the office and breakfast, contributed to his exposure.
Current Status of the Case
The case reached London's High Court for a pre-trial hearing last week and is set to proceed to trial unless an out-of-court settlement is reached. Mr Gibson, a married father of three, has been unable to return to work, and his employment was terminated on grounds of ill health in March 2023.
This lawsuit highlights ongoing debates about employer responsibilities during the pandemic, workplace safety protocols, and the long-term health impacts of Covid-19 infections acquired in professional settings.
