Loved Ones And Lawyers Issue Warning Following Devastating Impact Of Asbestos Cancer Diagnosis

The devastated family of a former manager at Waitrose who died from asbestos-related cancer are calling for companies to do more to help loved ones establish the “vital” answers they deserve.

David Paul, a senior manager who spent his 42-year career working solely for Waitrose, died after being diagnosed with mesothelioma, a cancer of the lining of the lung most commonly associated with asbestos exposure, often decades previously.

Prior to his death, David instructed expert asbestos-related disease lawyers at Irwin Mitchell to investigate how he fell ill and whether he could have come into contact with the hazardous substance during their employment.

Legal team issues court proceedings after John Lewis Partnership denies liability

The John Lewis Partnership, which runs Waitrose, denied liability and failed to provide full disclosure of David’s working conditions.  As a result, the legal team issued court proceedings.

David died in November 2021 aged 65. His wife Judy and daughter Nicky continued with the claim on his behalf.

The case has now settled. However, the law firm continues to represent a number of other retail workers similarly impacted.  These include employees of major high street brands and supermarkets as well as building contractors suspected to have been exposed to the hazardous material when refitting stores.

Lawyers fear more workers could fall ill in coming years

The rapid change in supermarket and store layouts in the 1970s and 1980s is a major factor behind cases, lawyers believe. And given asbestos-related illnesses can take decades to develop after initial exposure, they fear more workers could fall ill in the coming years.

David’s family are sharing his story to continue raising awareness around asbestos in workplaces and also call on companies to protect and support their employees.

Guy Darlaston is the specialist asbestos-related disease lawyer at Irwin Mitchell representing David’s family.

Expert Opinion

“Through our work, we’re sadly all too familiar with the terrible legacy asbestos has created. Illnesses such as mesothelioma are devastating, not only for those diagnosed but their loved ones.

“While exposure to the material is commonly linked to heavy industry, it’s becoming more evident that it’s also present in a number of public buildings including supermarkets and stores. The rapid change in supermarkets over the ‘70s and ‘80s meant that stores were being constantly redesigned and re-fitted.

“While November marked the 25th anniversary of the ban on asbestos in the UK it’s still present in many stores. Post Covid, the High Street is also rapidly changing with many once flagship stores being sold or adapted.

“Therefore, businesses need to take all appropriate measures to ensure the safety of their staff – whether employees based in store or contractors brought into carry out renovations.

“David committed his entire working life to Waitrose and was left devastated when he found out he had not been adequately protected from exposure to asbestos. What came as another blow was when he couldn’t get the answers he sought during his lifetime.

“It’s important that companies are transparent with their employees and are prepared to offer them the support they need.” Guy Darlaston

Mesothelioma: David Paul's story

David was born in Ilford, Essex, but lived in various locations as a result of his job, including Milton Keynes, Bovingdon, Petersfield and latterly Crowthorne.  He began working at Waitrose, run by the John Lewis Partnership, in 1973.  He worked his way up through the management programme, taking up roles at a number of stores in the South of England.

He told his legal team that during his time with Waitrose, branch refits and remodelling was a common occurrence in stores due to ever changing produce.  As a branch manager, David was responsible for overseeing the completion of these works.

Many of the stores he worked in had asbestos present, commonly used for insulation and fire prevention, but David couldn’t recall his employer warning him of the health risks or providing protection.

He added that he was also required to carry out other tasks such as managing the heating in the store as it would take too long to call an engineer out.  He also had to store stock in the boiler and compressor rooms during busy periods.

David retired as head of retail operations in the Thames Valley in July 2015.

In January 2020, he began to complain of feeling breathless.  He was referred by his GP for tests and was diagnosed with mesothelioma.

While Irwin Mitchell secured the family an undisclosed settlement from the John Lewis Partnership following David’s death, they were dismayed at the difficulties they faced in getting the case investigated by David’s former employer.

David's daughter says losing dad so young was 'devastating'

Nicky explained: “While denying any responsibility for dad’s asbestos exposure, the John Lewis Partnership not only failed to fully disclose vital information but, while dad was dying, we were informed that they had also launched the first company-wide rollout of mandatory asbestos training for employees.

“The John Lewis Partnership has a reputation for being a good company, and in many ways it is.  That’s why it was so saddening for dad’s questions to be dismissed repeatedly.  It wasn’t what any of us expected from such a respected organisation.”

She continued: “Dad was a fit and healthy man.  To lose him so young, and in such pain, was devastating.  What made it even harder was watching him, while seriously ill, have to fight for answers that should have been readily available.  It was cruel and unnecessary.

“When dad first became unwell, none of us imagined it could be mesothelioma.  Asbestos just isn’t something you associated with retail work.  He then died feeling unsupported by the employer he had served so loyally.  He never wanted to cause trouble or damage reputations; he simply wanted the answers he was owed.

“While we can’t change what happened to dad, we’re sharing his story in the hope that it encourages other companies to do better, protect their staff and treat them with dignity – it’s the least they deserve.”

Following the settlement of David’s case, David's family told their legal team that they contacted the John Lewis Partnership to discuss making improvements to the way the company deals with similar issues in the future. The family said the Partnership declined to speak to them. 

Report led to retailers being urged to check stores for asbestos

In late 2022, retailers were urged to check their stores for asbestos after a report published by the Asbestos Testing and Consultancy Association (ATaC) highlighted the scale of the problem.  It stated that, of more than 128,000 buildings surveyed between October 2021 and March 2022, 78% contained asbestos.  More than 700,000 individual items of asbestos were found, with 71 of those damaged and potentially posing a threat to health.

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