The claimant a senior employee manager complained of harassment and common law negligence causing her injury.
Held: The claim failed. Behaviour of the level required to found a claim under the 1997 Act was established, but only on one occaion and therefore no course of conduct was shown.
As to the allegation of negligence, the Board had reacted promptly and effecively on learning of the complaint. They were not negligent.
Nor in fact could the claimant demonstrate that the incident established was sufficient to explain the injury complained of: ‘ I should also add that, even if I had concluded that Christine Pilgrem’s conduct on 10 November 2010 had caused, or materially contributed, to Tracy Boylin’s medical condition, I would not have found that such a result was reasonably foreseeable. The conduct was a significant breach of duty, but in the overall context was an isolated incident of relatively short duration which could not reasonably be expected to cause, or materially contribute to, a significant psychiatric illness.’
Kenneth Parker J
[2014] EWHC 3363 (QB)
Bailii
Protection from Harassment Act 1997 1(1)
England and Wales
Citing:
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Cited – Veakins v Kier Islington Ltd CA 2-Dec-2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Negligence
Updated: 09 November 2021; Ref: scu.537744
