Matthew Gunn death: Morrisons supermarket fined £3.5m

Matthew Gunn suffered fatal head injuries in a fall from a staircase at Morrisons supermarket in Tewkesbury in 2014

Supermarket retailer Morrisons has been fined £3.5m for failing to prevent the death of a store worker with epilepsy.

The company had previously denied health and safety failures arising from the death of Matthew Gunn, 27, at its store in Tewkesbury, Gloucestershire, in 2014.

He fell to the floor below after a suspected seizure on a shop stairway.

Mr Gunn died in hospital from catastrophic head injuries a few weeks later.

Morrisons was found guilty in February of failing to ensure the health and safety of Mr Gunn, following a three-week trial.

The prosecution said the company was aware he had epilepsy because he had suffered many previous seizures at work, and it should have realised the danger of him having to use the stairs.

'A tragic accident'

Earlier at Gloucester Crown Court, Judge Moira Macmillan said Mr Gunn had been forced to use the stairs at least eight times a day for each of his breaks because he had to keep his cigarettes in his locker.

She said: "Matthew's death follows a tragic accident at work while trying to access his locker on the first floor."

"The company failed to carry out a risk assessment. Morrisons fell short of the standards of care expected for somebody suffering from epilepsy," she continued.

"Morrisons, in failing to move Matthew's locker downstairs, failed to treat him as an individual and make appropriate changes. I accept that the risks were specific to Matthew.

"Although Morrisons have been prosecuted for a number of health and safety breaches in the past, the number is quite small for a company of this size.

"The appropriate penalty is a fine of £3.5m. I am told the business is able to afford a fine of this level."

Mr Gunn's parents, Sue Goellner and Steve Gunn said their son's death had contributed to the breakdown in their marriage

Following the case, Mr Gunn's father Steve issued a statement.

It read: "The death of my son has significantly impacted on my life.

"I was very tearful for months afterwards and I was not able to continue working as a charge nurse.

"I had been looking forward to my retirement as I planned to spend more time with Matt.

"His death contributed to my marriage breaking down.

"This journey has lasted for eight years and is still as painful as when it happened."

'No goodbyes'

Mr Gunn's mother Sue Goellner added: "Matt was intensive care for 12 days.

"We stayed at the hospital throughout, day and night.

"On the twelfth day, October 7, 2014, the family was called to Matt's bedside as we were told he was dying.

"We never got the chance to say goodbye to Matt as he never regained consciousness.

"Matt's traumatic death contributed to the failure of my marriage. No parent should have to bury their child. The accident that caused Matt's death was so easily avoidable."

Mr Gunn's mother Sue Goellner said no parent should have to bury their child

At the start of the trial the company admitted a minor technical offence between May 26th 2015 and Feb 26th 2020 but it contested the remaining three charges brought by Tewkesbury Borough Council.

During the trial, Morrisons said in their defence that Mr Gunn could have used the lift to the first floor if he had wished, although his dislike of using lifts was known, and they also argued that he was at no more risk of danger on the stairs than anywhere else in the store.

The prosecution said his locker should have been moved downstairs to eliminate the risk of a fall. It also argued that because the staff canteen was upstairs he should have been allowed to use the public café on the ground floor at discount rates.

Last month, the jury of 10 women and two men took seven hours and 20 minutes to reach their verdicts at Cirencester Courthouse.

Mr Gunn worked at Morrisons supermarket in Tewkesbury

Following sentencing earlier, Richard Matthews KC, defending, said: "The guidelines we have to follow are cold and widely removed from the human tragedy and anything I say is not meant to add to this.

"There is no doubt that the company made voluntary adjustments to help disabled staff to work independently. However in Mr Gunn's case, we got it wrong.

"The breach arose from a single incident and an isolated set of circumstances. The whole case focused around whether a locker should have been moved or not."

"The company demonstrates the highest commitment to its employees. Morrisons is the UK's greatest employer with regard to apprenticeships and trainees."

The judge has adjourned proceedings to a later date to determine how much the firm should pay in prosecution and trial costs.