Our client, who had attended a two year college course obtaining NVQ 2 and 3, was employed as a beauty therapist. She was permitted to carry out eyebrow shaping. The usual procedure at her employer’s beauty clinic was that the wax required for beauty treatments was kept in pots which were contained in a larger pot which kept the smaller pots at a constant temperature to keep the wax at the right consistency for the job. The smaller pots were usually checked either after the beauty clinic closed in the evening or first thing in the morning so that sufficient wax at the right temperature and consistency was available for all beauty treatment appointments throughout the working day.
During her employment, our client had not received any induction training or any health and safety training.
Our client arrived at work and knew she had an eyebrow shape appointment half an hour later. Our client went to the treatment room to prepare for her appointment when she noticed there was insufficient wax in the pots for her to use for her client’s treatment. Our client went to the stock room to get a fresh wax pot and spoke to a Senior Therapist as she knew the wax pot would not be heated sufficiently in time for the appointment. The Senior Therapist advised our client to put the pot of wax in the microwave oven for “a minute or two”. Our client put the wax pot in the microwave for one minute and thirty seconds but checked the pot every twenty seconds or so. However, the wax still appeared to be hard, even after one and a half minutes. Intending to stir the wax, our client put a spatula into the wax pot.
As she did so, the top layer of wax cracked and hot wax splashed onto our client’s hand and forearm. Our client immediately put her hand under the cold tap and ran cold water on it. A trained First Aider applied “after wax” cream to our client’s hand and forearm.
Our client spoke with the owner of the beauty clinic and was advised to put ice on her scalded arm and hand. Our client said she wanted to go to the local hospital, but no one at the clinic was prepared to accompany our client so she walked to the Accident and Emergency department on her own with a flannel on her arm.
Lawson-West began a personal injury claim. The accident was the employer’s fault because they were in breach of their statutory duties under the Personal Protective Equipment at Work Regulations 1992 and/or Provision and Use of Work Equipment Regulations 1998 and/or the Management of Health and Safety at Work Regulations 1999 and:-
- failed to undertake an assessment of the risks to our client’s health and safety with regard to the task she was doing;
- failed to ensure our client had suitable personal protective equipment, such as gloves, to protect her;
- failed to ensure our client was given instruction or training so that she understood the risks in the job she was doing;
- failed to provide safe or adequate equipment;
- failed to ensure the wax pots were sufficiently full and prepared before the start of the working day according to the clinic’s own procedures;
- instructed our client to heat the wax in the microwave when it should have been known that it was dangerous to do so;
- failed to provide our client with sufficient warning about how hot the wax would become;
- caused, permitted, required or suffered our client to carry out an unsafe task;
- exposed our client to a foreseeable risk of injury;
- failed to provide a safe system of work for our client;
- failed to provide our client with adequate or appropriate first aid after the accident.
Our client sustained burns to her hand and forearm. At the hospital she was advised that her hand and forearm should have been wrapped in cling film. Our client was advised she was at risk of permanent scarring on either her hand or forearm.
Lawson-West recovered compensation of £2420 in general damages for the burns sustained by our client as a result of the accident plus further compensation for loss of earnings, travel and care whilst use of her arm was restricted following the accident.
