September 29, 2025
Jobling v Associated Dairies Ltd [1981] UKHL 3
An employee's work injury reduced his earning capacity. Before trial, a separate, naturally occurring disease made him totally unfit for work. The House of Lords held the employer was only liable for lost earnings until the supervening illness's onset, treating it as a 'vicissitude of life'. Facts In 1973, the appellant, Mr Jobling, sustained a back injury (a slipped disc) at work due to his employer’s (the respondent’s) breach of statutory duty. This injury resulted in a continuing partial incapacity, reducing his earning capacity by 50%. In late 1976, before the trial for damages, he was diagnosed with spondylotic myelopathy,