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07/12/2011

Unite Demands England And Wales Overturn Asbestos Ruling

One of Britain's biggest unions has called for an end to the shameful situation of English and Welsh citizens being denied the right to claim compensation for an asbestos related condition, when the citizens of Northern Ireland and Scotland can.

Unite has welcomed the NI Executive's announcement hat people suffering from the asbestos-related lung condition pleural plaques will be able to seek compensation from 14 December 2011.

The right to sue for compensation for pleural plaques was ended on 17 October 2007 when the House of Lords ruled in favour of insurers in a test case. But the ruling has been overturned in Scotland and now NI by their devolved governments.

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Similar legislation in Scotland was the subject of a long-running challenge initiated by insurers, which went before the UK Supreme Court. On 12 October this year, the Supreme Court rejected the insurers' claims that the legislation infringed their human rights and was outside the competence of the Scottish Parliament.

Unite's Director of legal services Howard Beckett said: "It is great news that our members in Scotland and now Northern Ireland can be compensated for developing the asbestos related condition, pleural plaques.

"However, workers in England and Wales are left in the cold and have no rights to claim compensation for being exposed to asbestos due to the negligence of their employers. This segregation must end.

"It is time the Government woke up to the fact that exposure to asbestos is a serious health and safety issue, and only by the fear of litigation can the excesses of irresponsible employers be prevented."

(CD)

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