Brian York worked at Imberhorne School in East Grinstead, West Sussex for almost 30 years

The family of a PE teacher who died of asbestos-related cancer have spoken of their relief after West Sussex County Council admitted it did not do enough to protect him from the deadly fibres during his 29-year teaching career there.

Brian York worked at Imberhorne School in East Grinstead, West Sussex from 1973 to 2002, but it was not until 13 years after he left teaching that he was diagnosed with mesothelioma, a cancer of the lining of the lungs.

Brian, from Uckfield, Sussex, had been suffering from shortness of breath and pain in his back and side for some time before he was diagnosed in October 2015. He died on December 9 the same year, aged just 63.

The popular teacher played county-level basketball and organised sports tours for his student athletes, including trips to Jersey, The Hague and Zurich. He loved travelling and accompanied students to Bellagio in Italy as well as school camps in the UK and overseas.

Brian was very well known in the area for his sporting prowess having captained Uckfield rugby, played for Sussex and did England trials. He also played Sussex Schools cricket and regularly played cricket at school, for Withyham and various other clubs.

He also liked playing snooker and was a member of Dunnings Mill Snooker Club East Grinstead at one time.

Before his death, Brian instructed expert asbestos-related disease lawyers, Irwin Mitchell to investigate how he became exposed to deadly asbestos fibres during his teaching years.

Brian recalled that the school PE equipment was stored in a cupboard which contained pipework which was insulated using asbestos and that part of his role saw him oversee the maintenance of the school swimming pool. This was heated and the boiler was again insulated with asbestos lagging.

In the wake of his sudden and unexpected death, the firm launched a search for Brian’s colleagues on behalf of his family, who were desperate for witnessed to corroborate the evidence provided by Brian during his lifetime.

Several witnesses came forward and confirmed that the sports storeroom, under-stage storage and swimming pool pump room at Imberhorne School contained asbestos-lagged pipes. Damage was also caused to asbestos ceiling tiles which were struck repeatedly by balls during lessons.

The school also had pre-fabricated huts on site. These contained storage heaters which sat on, and were lined with, asbestos.

Irwin Mitchell wrote to West Sussex County Council which was responsible for the running of Imberhorne School, on behalf of Brian’s family. The Council has now accepted liability for Brian’s exposure to asbestos.

Brian’s widow Clair plans to use any future settlement to raise awareness of the dangers of asbestos exposure.

As part of the case, Irwin Mitchell is also claiming £12,000 for St Wilfrid’s Hospice in Eastbourne to cover Brian’s care costs.

The recovery of hospice costs is possible thanks to a landmark ruling secured by Irwin Mitchell six years ago which allows hospices to recover the costs associated with caring for mesothelioma victims, where these costs are originally funded through charitable donations.

Since the initial judgment in the test case, the firm has recovered approximately £500,000 for hospices across the UK on the back of successful legal cases brought by the families of the mesothelioma patients in addition to the damages secured for the families themselves.

Brian’s family is extremely grateful to St Wilfrid’s for its support, understanding and care provided to him during his illness, and they are pleased to be able to give something back to them so that they can go on to provide further care to others.

Clair said: “Brian enjoyed playing rugby and was a general sportsman - he played County Rugby, played for Crawley, coached and taught rugby at school and played lots of staff/student matches during his years at Imberhorne and was generally very fit before he started to feel unwell.

“Nothing will bring Brian back to our family, but it means a lot to us to now have some answers about how he became exposed to asbestos and that we can recover some money to help others affected by the deadly dust. It has really helped us as a family come to terms with what has happened and that’s all we ever wanted.

“It means a great deal to us that Irwin Mitchell will be able to recover the costs of Brian’s care at the end of his life and return it to the hospice, who were there for Brian at the end and do a wonderful job for patients and their families.”

Expert Opinion

“Brian’s death illustrates the need to improve the way asbestos in schools is monitored and managed – and the importance of having it safely removed.

“Asbestos was commonly used in the construction of public buildings, such as schools and hospitals, due to its fire retardant and insulating properties. But as the substance deteriorates and falls into disrepair it can pose a danger to the health of those who come into contact with the dust and fibres.

“Local Authorities and Councils need to come clean about the extent of their asbestos history and make provisions for its removal. Cases such as Brian’s show that schools need a clear plan of action as well as the funds necessary to make sure that asbestos is removed properly and safely to ensure that staff, teachers and pupils are no longer exposed to this avoidable danger.” Natalia Rushworth-White - Associate Solicitor

Our expert asbestos claims team will provide you with free initial advice on your compensation claim if you or a loved one has suffered due to contracting mesothelioma. See our Mesothelioma Claims page for more information.