Why contractor competency checks matter: Real-life consequences from a school trust case

On 9 August 2022, Bishop Bewick Catholic Education Trust and Nicolas Thépot, trading as The Green Yem, were fined for health and safety breaches following a serious incident at St Cuthbert’s Catholic High School on Gretna Road, Newcastle. Both pleaded guilty, and the Trust was fined, while Thépot received a suspended prison sentence.

Thépot, contracted by the Trust, was tasked with felling two trees on the school grounds. While performing the task, he climbed one of the trees with the assistance of a young apprentice and used a chainsaw to remove branches and sections of the trunk. He secured the branches with a rope, with the apprentice tasked with pulling them within the school boundary as they fell. However, during this operation, the rope snapped, causing a branch to strike Gillian Gardner, aged 68, who was walking her dog along West Road. The impact caused serious injuries and knocked her into the path of oncoming traffic.

In a statement, Gillian Gardner revealed that her ordeal had left her unable to leave the house for several weeks. She also mentioned that she sustained several broken ribs as a result of the injuries.

“It probably took about a year to totally recover, she said.

“I still can’t carry anything heavy.

“I feel like it has all been downhill since my accident, and I’ve lost confidence in what I can and can’t do.

“I haven’t been able to return to my weekly swimming I was used to before the accident.

“My dog has been very therapeutic for me, and we’re inseparable.”

An investigation by the Health and Safety Executive (HSE) revealed that Thépot lacked training or qualifications in arboriculture or chainsaw use. He employed an unsafe method for felling the tree. The investigation also found that the Trust failed to verify Thépot’s experience, competence, or qualifications before awarding the contract. They didn’t review his intended work method or monitor the work after the incident.

Remarkably, Thépot resumed work on the tree the following day using the same unsafe method, with only minor adjustments. He placed cones and tape on the pavement, but no safe pedestrian detour was provided. This forced people onto the busy road, and no signage warned of the risks. Members of the public continued to pass beneath the tree while Thépot operated a chainsaw, unaware of the danger. Despite the previous day’s incident, the Trust made no attempt to halt this hazardous work.

The operation was only stopped when HSE inspectors, alerted to the incident, arrived and issued prohibition notices to both the Trust and Thépot.

On 17 April 2025, Bishop Bewick Catholic Education Trust pleaded guilty at Newcastle upon Tyne Magistrates’ Court to breaching Section 3(1) of the Health and Safety at Work Act 1974. The Trust failed to conduct its operations in a manner that ensured, as far as reasonably practicable, that individuals not in its employment were not exposed to risks to their health or safety. As a result, the court imposed a fine of £20,000 and ordered the Trust to pay £4,344 in prosecution costs.

On 7 May 2025, Nicolas Thépot, a self-employed individual residing at Netherwitton Way, Newcastle upon Tyne, pleaded guilty at South Tyneside Magistrates’ Court to breaching Section 3(2) of the Health and Safety at Work Act 1974. He failed to ensure, as far as reasonably practicable, that persons not in his employment were not exposed to risks to their health or safety. As a consequence, Thépot received a 12-week custodial sentence, suspended for 12 months, and was ordered to complete 100 hours of unpaid work. Additionally, he was required to contribute £1,000 towards prosecution costs.

After the hearing, HSE inspector Stephen Garner said, “This incident was completely avoidable had the tree been felled by a safe method with controls put in place to protect members of the public from being struck by falling branches.

“It is particularly concerning that, in this case, the work continued by the same method the very next day, even after a member of the public was injured.

“This prosecution demonstrates HSE will not hesitate to take action against those who put the public at risk through unsafe work methods.”