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Insider UK
National
Peter A Walker

Kenyan workers win right to sue Scottish tea manufacturer

A Scottish court has ruled that a group of Kenyan farm workers can continue with a multi-million pound damages case against a Scottish-headquartered tea company.

Up to 2,000 employees claim they suffered injuries due to working conditions at James Finlay Kenya (JFK), which is registered in Aberdeen.

The company denies the claims and has argued the case should not be heard in a Scottish court.

But the BBC reported that on Tuesday a Court of Session judge ruled the class action could go ahead.

Lord Weir said the Scottish court does have jurisdiction to consider the case, adding that he was confident it would be fully instructed on matters of Kenyan law which are likely to arise.

JFK had argued it has no connection to Scotland, other than its historical registered address, and that the claims should be dealt with in Kenya.

Lawyers for the employees are seeking compensation from JFK for not doing enough to prevent them from suffering workplace injuries.

At a previous hearing, the court heard claims that the pickers were routinely asked to work up to 12 hours a day without a break, for six days a week, earning in 2017 an average monthly wage of £100. Pickers also claim they had to harvest a minimum of 30kg of tea to be paid.

The group, founded by cotton merchant James Finlay in Aberdeen in 1750, has grown to become one of the world's biggest producers of tea and coffee.

It maintains that as the business is "legally established" in Kenya, it was therefore "bound" by Kenyan constitution and laws.

JFK said it would review the ruling before deciding the "appropriate" next steps.

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