Toby Carvery: breach of duty after "giving hundreds of customers norovirus"

The pub company will pay compensation to each customer that can establish their illness – and related losses – was caused by the breach of duty at the Toby Carvery at the Exeter Arms, Exeter, in April 2015.

John Williams, who was staying at the pub when he fell ill with diarrhoea and sickness, said: “The symptoms I suffered were absolutely horrendous and stayed with me long after I left Exeter and returned home to Wales. It really did take its toll on me."

'Not enough was done'​

He added: “I don’t think enough was done to control the outbreak at the pub and the hotel and I hope that the management has learned lessons from what happened last year so this never happens again.”

The pub had failed to inform him before his stay that there had been problems with illness, which led to his holiday being "absolutely ruined", he added.

Law firm Irwin Mitchell was instructed by the 280 customers to investigate the cause of the outbreak throughout the Easter period last year, when the pub was closed more than once for deep cleaning.

The pub closed after instances of illness were reported to the management but it continued to trade over the Easter weekend after closing for one day.

However, more people fell ill and it was closed once again for a specialist clean along with its adjoining hotel.

Evidence​

Amandeep Dhillon, partner at Irwin Mitchell, said: “We are pleased that Mitchells & Butlers has admitted a breach of duty in this case and we are working with our clients to gather the necessary evidence to prove that they fell ill after visiting the pub.

“We also hope that by taking legal action, important lessons will also be learned when it comes to dealing with outbreaks of illness in premises like this, where large numbers of people come together.”

While Mitchells & Butlers refused to comment on individual claims, a spokesperson for the company told the Publican's Morning Advertiser ​it took the wellbeing of its customers seriously. 

The spokesperson said: "We would like to reassure our guests that hygiene standards are of primary importance to our business and we have taken, in line with the safety procedures we took at the time, every possible precaution to avoid any further infection and protect customers and staff under the guidance of the environmental health."