A WOMAN has been awarded over £316,000 by the Royal Court after being so badly injured in a car accident that she was unable to return to her job as a prison officer.
Deputy Bailiff Robert MacRae said it was ‘perhaps unfortunate’ that no steps were taken to redeploy the woman – whose record at the prison had been praised by the former governor.
‘She was merely informed of what vacancies existed in the same way as would be available to a member of the public,’ he said.
The woman was involved in a road traffic accident in October 2016 when her stationary car was hit from behind, causing her neck and shoulder pain which ultimately required surgery. Liability for the accident was not denied by the other driver.
The Royal Court heard that the crash victim had difficulty sleeping, opted to use public transport instead of driving and now cycles in preference to driving. In July 2018 she had surgery on her shoulder but, although this allowed her to recover some movement, she subsequently experienced intermittent flare-ups of pain in her neck and shoulder.
As part of her job as a prison officer, the woman was required to take a periodic fitness test and in January 2019 her surgeon recorded that she was ‘very worried about the forthcoming control and restraint test, and was concerned that she would not pass it’.
Deputy Bailiff Robert MacRae, who was sitting with Jurats Elizabeth Dulake and Alison Opfermann, described the minutes of an incapacity hearing held at the prison on 20 March 2019.
They recorded that the then prison governor acknowledged that the woman had given her best effort in trying to pass the fitness test and return to her former fitness level but he said that, although the prison service had accommodated her over the previous 2½ years – and had made a reasonable adjustment to her duties – the situation could not be made permanent.
The minutes recorded: ‘[The governor] reiterated that today was not a reflection of [the woman’s] competence in the role or performance of the role over the last ten years. [He] stated that [she] did not have the option of redeployment under the capability policy … but could apply for alternative work (including within the SOJ) and was being supported with this. [He] stated that the decision reached was for [the woman] to be dismissed due to capability with a two-month paid notice.’
Commenting on this approach, the Deputy Bailiff said: ‘In fact, and perhaps unfortunately, no steps were taken to redeploy the plaintiff within the wider States of Jersey. She was merely informed of what vacancies existed in the same way as would be available to a member of the public. In any event, the plaintiff did her best, not merely to retrain, but to resume employment,’ he said.
Mr MacRae noted that the defendant’s employment expert had observed that Ms Williams had a ‘fine record of gaining qualifications necessary for her career’.
After her dismissal she secured a number of jobs, including returning to Jersey Bowl as an assistant manager, where she had worked before joining the prison service.
‘She did not enjoy turning back the clock and returning to a job that she had done 15 years before, but it allowed her to gain some “much-needed self-confidence” and earn some money,’ Mr MacRae said in the court’s judgment.
Subsequently, she undertook voluntary work and later secured a job at a charity.
Awarding Ms Williams damages of £312,082, the court noted that the woman was ‘likely to suffer from further restriction in the ability to work, caused by a further deterioration in her condition’. The award included special damages of £111,706 to compensate for loss of earnings and £132,659 for losses of pension.
