What’s just happened?

For many generations, tea has been a symbol of relaxation, tradition, and pleasure. ‘Tea culture’ has been adopted in all parts of the world and is associated with different customs and rituals. Our future enjoyment of this herbal drink might be impacted by a recent decision of Kenyan tea farmworkers, to take legal action against a Scottish tea giant. [1]

What does this mean?

It is alleged that the Scottish company, James Finlay Kenya, has subjected its workers to ‘dreadful’ working conditions.[2] A group of seven workers on the farm seeks to obtain £15,000 each in damages for the severe ‘degenerative injuries’ they have suffered as a result of the farming conditions. [3]

The worldwide annual consumption of tea is estimated to reach 297 billion litres by 2021[4], and statistics suggest that by 2026 the global tea market will increase in value to over $81 billion[5]. The Finlays multinational company has generated huge profits within this market since 1750 and has recently catered for reputable clients such as Starbucks. The legal action taken by the seven tea farmers is likely to delay the initial process of picking tea leaves, which in turn affects the manufacturing and distributing of the products.

In a time of consumerism, this might affect the satisfaction of clients who expect products to be readily available to serve their everyday needs. From the perspective of the litigants, taking action against a multinational company represents an act of defiance. For decades, tea farmworkers have been subjected to harsh working conditions that have had long-term effects on their physical and mental health. In the 1980s, Finlays was the focus of anti-exploitation demonstrations in Glasgow[6]. Now, a group of seven have the chance to use their voices to shed light on the suffering endured and demand for change to their working conditions.

How will this affect the legal sector?

Within the English common law[7], it is a well-established principle that employers owe their employees a duty of care which includes duties such as providing adequate equipment[8] and a safe system of work[9]. The International SOS defines the duty of care as; ‘the moral and legal obligations of individuals and organizations to act prudently to avoid the risk of reasonable foreseeable injury or exposures leading to ill health[10]’. Yet every year, it is estimated that 160 million[11] people are victims of work-related illnesses.

Taking action against an employer can be a time-consuming and costly process, particularly when an individual is employed by a large company. Nevertheless, the steps taken by the Kenyan tea farmworkers might prompt further action by other tea farmers or even factory workers subjected to equally appalling conditions.

The risks involved with working in public spaces in a time of a pandemic are likely to have an impact upon employer/employee relations. Personal injury lawyers might see an increase in claimants seeking redress for contracting the virus through face-to-face contact at work. Alternatively, more employers might seek legal advice from employment lawyers with regards to adopting adequate health care policies to best protect their employees.

Overall, a successful claim against Finlays will represent a victory not just for the claimants but a victory against the injustices of conventional trade. As consumers, this might prompt us to buy more fair trade products as we consider the workers provide our most loved products.

By Laura Avevor

Assessing Firms

#HughJames #Irwin Mitchell #Slatergordon #LeighDay #BindmansLLP

References

[1] David Cowan, ‘Kenyan farm workers launch Scottish legal bid against tea giant’, (www.bbc.co.uk 5 March 2021)< https://www.bbc.com/news/uk-scotland-56284205> accessed 5 March 2021.

[2] ‘Kenyan farmworkers sue tea giant in Scottish courts’, (www.scottishlegal.com 5 March 2021)< https://www.scottishlegal.com/article/kenyan-farmworkers-sue-tea-giant-in-scottish-courts> accessed 6 March 2021.

[3] n(1).

[4] M Shahbandeh, ‘Annual tea consumption worldwide from 2013 to 2021’, (www.statista.com 7 November 2018) <https://www.statista.com/statistics/940102/global-tea-consumption/>accessed 6 March 2021.

[5] Jan Conway, ‘Value of the global tea market from 2018 to 2026’ , (www.statista.com 26 November 2020)< https://www.statista.com/statistics/326384/global-tea-beverage-market-size/>accessed 6 March 2021.

[6] n(1).

[7] Wilson v Tyneside Window Cleaning Co [1958] 2 Q.B 110.

[8] Knowles v Liverpool City Council 1993 1 W.L.R 1428.

[9] General Cleaning Contractors v Christmas [1953] A.C 180.

[10] ‘Duty of Care’, (www.internationalsos.com ) < https://www.internationalsos.com/duty-of-care> accessed 7 March 2021.

[11] ‘Health And Safety In The Workplace Statistics 2018/19’, (www.ilo.org ) < https://www.ilo.org/moscow/areas-of-work/occupational-safety-and-health/WCMS_249278/lang--en/index.htm> accessed 6 March 2021.

Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.