NHS Staff Receive Landmark Payout Over Gas Exposure
Over 100 healthcare workers, primarily midwives, at Basildon Hospital secured over £735,000 in compensation after prolonged exposure to excessive levels of nitrous oxide.
Basildon Hospital has settled legal claims from 121 NHS staff, including 85 midwives, for a total of £735,000 after they were exposed to unsafe levels of nitrous oxide, commonly known as Entonox. The Mid and South Essex NHS Foundation Trust acknowledged that staff suffered symptoms such as fatigue, anxiety, headaches, and "brain fog" due to the gas exceeding safety limits in their workplace.
According to an internal report, some staff members were exposed to nitrous oxide levels up to 30 times higher than the legal workplace limit between 2021 and 2023. The Royal College of Midwives (RCM) described the settlement as the largest group legal action ever brought by midwives in the UK and stated that one claim remains outstanding.
Test results revealing the breach in safety limits were commissioned by the trust in 2021, but staff were not informed for 16 months. The Mid and South Essex NHS Foundation Trust has since apologized to the affected staff, admitting that it "should have acted faster to address the issues." As a result of the incident, the trust has implemented improved oversight of medical gas monitoring and installed scavenger equipment in the maternity unit.
"This is a landmark settlement for our members and it should make every NHS employer sit up and take notice," said Gill Walton, the RCM chief executive and general secretary. "If you don't protect your staff - the RCM will hold you to account." The RCM has also alerted all NHS trusts in England to the risks associated with Entonox and collaborated with the Health and Safety Executive (HSE) to update guidance on its use.
Daniel Poet, representing the workers through Thompsons Solicitors, emphasized that his clients "should never have been put at risk in the first place." He noted the unacceptable delay in informing staff about the dangers and implementing safety measures, which took over a year after the trust became aware of the issue. NHS Resolution, which manages legal claims for the NHS in England, confirmed the settlement amount and the number of claims settled.