Owner of Ginsters pasties in Cornwall fined after employee killed

Paul Clarke was fatally crushed on December 2, 2021, after being struck by the vehicle as it reversed into a loading bay at The Cornwall Bakery, Callington, operated by Samworth Brothers.

He was taken via helicopter to Derriford Hospital but later died.

Paul had recently joined the bakery as an intake operator and had been moving strip curtains in the loading bay before being struck by the lorry.

Paul had recently joined the bakery as an intake operator, had been moving strip curtains in the loading bay before being struck by the lorry (Image: Supplied) Ginsters, which makes Cornish pasties and other pastry products, is owned by Samworth Brothers. 

A Health and Safety Executive (HSE) investigation found that 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.

HSE found that 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. Paul was new to the role and was working his first lone shift.

HSE said that management failings “had not picked up the additional risks associated with this task.”

Samworth Brothers Limited, of Samworth Way, Melton Mowbray, Leicestershire, 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 at Plymouth Magistrates’ Court on November 7, 2024.

A statement released by Paul’s mother Bernie described him as a ‘family man’ who loved ‘big family holidays.’

“Paul was a family man and loved big family holidays, which will never be the same without him,” Bernice said. “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 not the same.

“Paul and I had a special relationship between a mother and 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 walk.

“We all miss Paul very much every day, our lives will never be the same without Paul.”

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.”