A High Court judge has ruled that a self-employed bricklayer who died of mesothelioma was directly recruited and employed by a contractor in an asbestos claim brought by his widow.
Eric Alger worked as a bricklayer at the Prince Regent Hotel and Church refurbishment project on Manor Road, Chigwell, in 1988.
Clayton Bowmore was the project’s main contractor. The company went into liquidation in 1993.
Alger was diagnosed with mesothelioma in December 2020. He died 11 months later due to bronchopneumonia and malignant mesothelioma, aged 55.
His widow, Tracy Alger, brought an asbestos claim against Clayton Bowmore Group Holdings Ltd.
She argued that her husband was exposed to asbestos while working on the project.
Her case was that Alger was an employee in all respects save for payment of his own tax and national insurance.
Clayton Bowmore denied that Alger was its employee. The firm argued that he was working for a specialist bricklaying company as an independent subcontractor.
It also denied that Alger was exposed to asbestos dust in the course of his contract, arguing that the material was heavily regulated by 1988.
During the hearing on 30 October 2025, Deputy Judge Kirsty Brimelow KC dealt with the preliminary issue of determining if Alger was directly employed by Clayton Bowmore.
In a statement made before his death, Alger gave a “detailed and compelling” description of how he worked on the project, which he said was not bricklaying but labour. “I supplied my labour only,” he said.
Alger stated that he was engaged in assisting with the demolition team in stripping out a boiler room, removing pipework and insulation, which he believed contained asbestos.
He also helped remove old ceilings and install new ones, including manually knocking off lagging in the kitchen extension, and carried out general clean-up duties.
Alger said he worked seven days a week, from 8am to 4pm, and the contractor supplied all tools and equipment.
He also said he was not provided with a mask or any asbestos warning despite the dusty environment and suspected asbestos material, according to the preliminary judgment, published on 7 January.
The judge concluded that Alger was a direct employee of Clayton Bowmore after reviewing the evidence, including a lack of information about the company’s nominated subcontractors and contradictory evidence from the contractor’s witness, former contracts director Christopher Gale.
“[…] on the balance of probabilities, the contractor Mr Alger referred to in his statement is more likely than not to be Clayton Bowmore and his recruitment likely was either through word of mouth, or an advertisement, including on a site board,” the judge said.
The judge ordered Clayton Bowmore to pay Alger’s widow £25,000 from the preliminary issue hearing’s costs.
The full claim will be listed again at the High Court on the first available date after 19 January.
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Cristina Lago