'Stress at railway' court claim fails

[Steve]

Paul Jeeves
A RETIRED foreman failed yesterday in an attempt to claim damages for work-related stress at one of Britain's most famous steam railways.
Peter Brookes, 63, had launched a legal action against North Yorkshire Moors Railway (NYMR) for damages of £65,000 as well as pension loss after claiming stress was caused by overwork.
He also alleged that demands to cut costs led to his early retirement on health grounds.
But at York County Court yesterday, Recorder Paul Kirtley ruled NYMR had not failed in its duty of care to Mr Brookes, who retired on grounds of ill-health in 2002. Mr Kirtley said: "With considerable human sympathy for the claimant, I do not find the defendants in breach of their duty of care. The claimant has therefore failed on these grounds."
Mr Brookes had claimed overwork and constant pressure to cut costs reduced him to a nervous wreck who had to retire early on ill-health grounds.
Faced with a life on benefits or jobs such as working on a pig farm, he and his wife decided to sell their home in Little Dale, Pickering, and retire to Spain, the court heard.
Mr Brookes, who worked as a British Rail fitter in York from 1957 to 1988 when he joined NYMR, sued the steam railway for damages over "foreseeable injurious stress" which forced his departure in 2002.
He was unable to attend yesterday's hearing after having to return to Spain, but his brother, Clive Brookes, was in court when judgment was delivered.
Peter Brookes became a well-known figure to passengers on the railway after regularly playing Santa on the Christmas Special services.
Barrister Richard Swain, for NYMR, suggested in court the firm could not have been more accommodating. Mr Brookes was ordered to pay costs, but the exact figure has not yet been established.0