Ginster's pasties firm fined £1.28 million after worker was crushed to death at bakery

The Leicestershire owner of Ginsters has been fined £1.28 million after a worker died when he was crushed by a lorry delivering supplies to the bakery where it makes its pasties. Paul Clarke was airlifted to hospital following the tragedy at the Samworth Brothers' bakery in Cornwall, but died of his injuries.

The case was investigated and brought to court by the Health and Safety Executive (HSE). It released details of the case today (Friday, November 29) after legal proceedings against Leicestershire-based Samworth Brothers concluded earlier this month.

The HSE said Mr Clarke was working at the Samworth Brothers-operated Cornwall Bakery, in Callington, on Thursday, December 2, 2021, when he was struck by the lorry as it reversed into a loading bay. The 40-year-old, who worked as an intake operator at the bakery, was moving strip curtains in the loading bay before he was hit.

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The HSE investigation found Samworth Brothers had not assessed the risks associated with the temporarily installed strip curtains and that there was no safe system of work to move them out of the way when the lorries reversed into the loading bay. The strip curtains had been installed in place of a faulty roller door, investigators said.

The site staff had not been provided with training or instructions to move the curtains and had devised their own methods, which included standing in the yard behind reversing vehicles. Mr Clarke was new to the role and was working his first lone shift. Management failings had not picked up the additional risks associated with this task, the HSE said.

Bernice, Paul’s mother, said in a statement: “Paul was a family man and loved big family holidays, which will never be the same without him. I have not been on a family holiday since I feel so much guilt towards Paul, we don’t celebrate Christmas as the date is too close and it is just not the same.

“Paul and I had a very special relationship between a mother and a son. We were always talking and catching up. I would call him every weekend and see what he was doing.

"He would always come out with us on a bike ride or a walk. We all miss Paul very much every day, our lives will never be the same without Paul.”

Samworth Brothers Limited, of Samworth Way, Melton, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.28 million and ordered to pay £24,106 in costs. The hearing took place at Plymouth Magistrates’ Court on Thursday, November 7.

HSE inspector Aimie Baker said: "Bernice’s words make clear the impact the passing of Paul has had and our thoughts remain with her and her family.

"Workplace transport incidents involving pedestrians are a major cause of fatal injuries in the workplace with 25 such recorded fatalities in 2023/24. Employers should plan their workplace to reduce contact between pedestrians and vehicles.

"Their risk assessment should consider workplace transport activities, including loading and unloading, and ensure that pedestrians are safe from the risks associated with vehicle movements where they interact. The management arrangements further require employers to monitor and review their measures as appropriate for the risks."

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