The HSE operates a Serious Physical Assault Scheme (SPAS) that applies to assist staff who suffer serious physical assaults on duty. The worker was off sick following an assault but the effects were more stress-related and the absence due to those, rather than the physical nature of the injuries themselves. The union argued on the worker's behalf that the scheme does not specifically exclude such illnesses that are brought on by physical assaults that occur in the workplace.

Management argued that they have applied the collective agreement to the letter and that the medical certificates covering the worker's absences did not refer to physical injuries sustained as a result of a serious physical assault. 

The Court noted that the Claimant had given permission for the Occupational Health Consultant’s Report(s) to be furnished to Management. On that basis the Court recommended that a re-assessment of the Claimant’s application under the SPAS should be carried out as expeditiously as possible with a view to resolving the matter in dispute.
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