A railway station manager who alleges he contracted Covid-19 from his visibly unwell boss during a work meeting and subsequent pub breakfast, leading to the amputation of his leg, is pursuing a £1 million compensation claim against his employers at London's High Court.
The Alleged Incident and Severe Consequences
David Gibson, a married father of three who had worked for Southeastern since 2018, was based at Herne Hill Station in July 2021. He claims his area manager, Danny Hackett, was "coughing" and appeared "unwell" during an office catch-up at Bromley South Station on 14 July, yet failed to wear a mask for most of their interaction. Following the meeting, Mr Hackett invited colleagues, including Mr Gibson, to breakfast at a local Wetherspoons pub.
Mr Gibson felt obligated to attend both the office meeting and the breakfast, during which he observed Mr Hackett continuing to cough, sneezing into his hands twice, and using a serviette instead of a tissue. Despite Mr Gibson suggesting his manager go home to take a Covid test, Mr Hackett did not put his mask back on. Later that day, Mr Hackett conducted a team meeting while still unwell, before testing positive for Covid the following day and naming Mr Gibson as a close contact.
Rapid Deterioration and Life-Changing Injury
Mr Gibson began feeling ill two days after the encounter and tested positive for Covid-19 on 18 July. His condition deteriorated rapidly, leading to hospitalisation at Tunbridge Wells on 22 July. He developed pneumonia as a complication of Covid, was moved to intensive care on 24 July, and placed in an induced coma on 29 July.
Tragically, due to clotting complications caused by the virus, Mr Gibson required a left above-knee amputation. His employment with Southeastern was terminated on grounds of ill health on 31 March 2023, and he has been unable to return to work for any employer since.
Legal Arguments: Negligence Versus Denial
In court documents, barrister Lisa Dobie, representing Mr Gibson, argues that Southeastern is vicariously liable for Mr Hackett's actions. She claims Mr Hackett negligently attended work knowing he was unwell with a new cough, failed to perform a lateral flow test before work, and violated company policies and national guidance by:
- Not isolating despite symptoms
- Allowing more than two people in a small office space
- Failing to wear a mask appropriately
- Encouraging staff to disregard safety procedures
At the time, England was in Step 3 of the Covid-19 roadmap, which included face mask mandates, one-metre social distancing rules, and isolation requirements for close contacts of positive cases. Southeastern's policy required staff to stay home if symptomatic and follow social distancing guidance.
The Employer's Defence
Rochelle Rong, representing London and South Eastern Railways Ltd (trading as Southeastern), has filed a robust defence denying all allegations of negligence. The defence states that Mr Hackett had not developed symptoms he could reasonably associate with Covid-19 prior to his positive test and denies he had a new continuous cough, loss of taste or smell, or high temperature before contact with Mr Gibson.
The company maintains it had suitable risk assessments in place and acted reasonably given the prevailing knowledge and guidance at the time. The defence argues that judging employer actions requires consideration of the practical challenges of controlling community-transmitted virus risks while maintaining operational standards.
Furthermore, the defence contends that if Mr Gibson did contract Covid at work, it was contributed to by his own negligence in attending the office and breakfast, failing to remove himself from the situation when he observed coughing, and knowingly exposing himself to infection risks.
Case Progress and Implications
The case reached court last week for a pre-trial hearing and will proceed to trial unless the parties reach an out-of-court settlement beforehand. This litigation highlights ongoing legal debates about employer responsibilities during the pandemic and the severe, long-term health consequences some individuals suffered after workplace Covid exposures.
Mr Gibson's claim for approximately £1 million represents compensation for his life-changing injury, loss of earnings, and the profound impact on his quality of life. The outcome may establish significant precedents regarding workplace safety protocols during health crises and employer liability for employee actions during the pandemic era.
