If asked, could you recall your entire employment history off the top of your head? Even if you could do this, what would you do if you discovered that one of your prior employers did not appear on your HMRC history, any company registers, or any databases for employers’ insurance for the years that you worked? James* faced this predicament after learning of his mesothelioma diagnosis, and contacted Boyes Turner’s industrial disease team regarding his entitlement to claim compensation for his asbestos related condition. Asbestos exposure during carpentry apprenticeship Upon leaving school, James promptly commenced a carpenter and joiner apprenticeship with S&T Shopfitters. As a young apprentice, James did as he was told and assisted tradesman with completing re-fits of pubs (mainly Fullers pubs), off-licences and hotels. This re-fit work was all around the London/Twickenham area apart from the occasional off-licence in High Wycombe. The company was small and was made up of different trades people including a painter, joiner and plumber. The group was close-knit, with James’ brother-in-law giving the youngster the inside rail for the start of his professional working career. During the refit work in pubs, the plumber would often replace old sections of piping in either the cellars or the toilets. James recalled seeing the plumber apply a paste to the pipes, with the mixing up and application of the paste causing dust to circulate and settle throughout the entire workplace. The lingering dust was airborne, breathable and capable of leaving a standard pint glass looking like a salt rimmed martini. James remembered occasions where the plumber needed to fit pipework through walls. The apprentice would chip where possible and helped by cutting sections out between the joists for the pipe to come through. He remembered there being fibrous insulation material within the joists which was disturbed when the holes were created, again causing the air to become dusty. While doing hotel and off licence maintenance and renovations, James would commonly assemble and fit asbestos-lined fire doors. This required cutting large asbestos sheeting to size with a handsaw before finish and nailing the pieces in place. Hand sawing, finishing and nailing the asbestos sheeting was dusty work and resulted in clouds of breathable dust settling and sticking to James’ thick, long hair and skin. Although they worked at several different locations James specifically recalled the Clarendon in Hammersmith as he and others fitted fire doors throughout the whole hotel. First signs of mesothelioma symptoms and diagnosis timeline James first started to notice shortness of breath in August 2024. Once mundane chores such as carrying deliveries up flights of stairs was suddenly exhausting and resulted in James being perplexed as to why his high levels of fitness were deteriorating. Upon returning from a holiday in September 2024 he continued feeling breathless. He decided to attend with his GP and was sent for x-rays and other tests for further investigations. The results of these tests showed a large fluid build-up in his lungs amongst other respiratory issues. Following a CT scan and biopsy James was diagnosed with mesothelioma in November 2024. Making a mesothelioma compensation claim without employer records Upon learning of his diagnosis, James contacted the asbestos support group HASAG and subsequently the industrial disease team at Boyes Turner. A home visit was scheduled in the shadow of Christmas 2024 with the evidence collection process starting immediately. James’ HMRC history was detailed but omitted his employment with S&T Shopfitters. The company was also missing from any databases such as Credit safe and Companies House and failed to return a positive result for employer’s insurance for the years of James’ employment. Any argument alleging James was self-employed was insufficient on account of James having no control over his working hours or tasks to be completed, and that fact that all tools, machinery and equipment were provided by the company. Although all attempts to trace the company or an insurer failed, the team at Boyes Turner was able to make a successful application to the Diffuse Mesothelioma Payment Scheme (“DMPS”) on James’ behalf. James’ definitive and detailed recollection of his employment with S&T Shopfitters was crucial to this and resulted in James receiving a 6 figure payment under the statutory scheme. *All names have been anonymised For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.
