When routine work becomes a medical emergency - could this happen at your workplace?

Bury Metropolitan Borough Council has been fined £200,000 following a serious incident in which a council worker was injured while installing a Christmas tree in the town centre.

The incident, which took place at Bury Market on 21 November 2022, left the employee, James Lyth, with significant injuries and unable to return to full duties for several months.

Mr Lyth, 32, was working as an operations manager for the council at the time. He had been tasked with straightening a 20-foot Christmas tree as part of the seasonal decorations for the town. To complete the task, Mr Lyth used a mobile elevating work platform, commonly known as a scissor lift. While elevated on the platform, the Christmas tree unexpectedly toppled over, causing the scissor lift to overturn with Mr Lyth still on it.

The consequences of the fall were serious. Mr Lyth sustained a concussion and significant trauma to the right side of his body, including extensive rib bruising. One of the most severe injuries was a deep laceration to his leg, which required surgical intervention. Following the accident, he became temporarily reliant on a wheelchair and later used crutches as he began the recovery process. Due to the extent of his injuries, Mr Lyth was absent from work for two months. Upon his eventual return, he was only able to undertake reduced hours and restricted duties as part of a phased rehabilitation programme.

The incident prompted an investigation by the Health and Safety Executive (HSE), which found that Bury Metropolitan Borough Council had failed to implement adequate safety measures prior to the task being carried out. Most notably, the investigation uncovered that Mr Lyth had not received appropriate training in the use of the scissor lift. Furthermore, the council had not conducted a suitable and sufficient risk assessment for the Christmas tree installation task — a critical oversight given the height and potential instability of the tree during the process.

On 2 April 2025, the case was heard at Manchester Magistrates’ Court. Bury Metropolitan Borough Council pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. This section of the legislation places a legal duty on employers to ensure, as far as is reasonably practicable, the health, safety, and welfare of all employees at work. The council was subsequently fined £200,000 and was also ordered to pay prosecution costs.

In response to the court’s decision, HSE Inspector Leanne Ratcliffe issued a statement highlighting the serious nature of the breach and its implications for other organisations. She said, “This was a very serious incident that could have ended much worse. It is vital that industries recognise the importance of thorough risk assessments and comprehensive training when using mobile elevating work platforms. These machines, while useful, carry inherent risks if not operated correctly and under proper supervision.”

Inspector Ratcliffe continued, “Access to such platforms should always be restricted to trained personnel. Individuals without the necessary training must not be permitted to operate them under any circumstances. Employers have a duty to ensure that planning and control measures are robust, especially when working at height. Failure to do so significantly increases the risk of potentially fatal falls or injuries of a very serious nature.”

The prosecution was supported by HSE enforcement lawyer Julian White and paralegal officer Hannah Snelling, both of whom worked closely with the inspector to ensure the facts of the case were presented clearly to the court.

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