The officer had retired on ill health grounds, and now sought damages from his chief constable saying that the duties imposed on him had been excessive, and had caused his injury by negligence, and that he had been bullied by co-workers and had not been given appropriate support by the defendant.
Held: The allegations of bullying and harassment were made out. A meeting described as a management meeting was in fact clearly a disciplinary one, but proper procedures had not been followed. This level of stress was not properly part of a policeman’s role and the psychological injury followed. The claim of contributory negligence was not supported. The claimant had done what he could to complain of his treatment. Damages were awarded accordingly.
Judges:
Tugendhat J
Citations:
[2006] EWHC 2290 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
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 – Garrett v Camden London Borough Council CA 16-Mar-2001
The court considered a claim for work related stress. The claimant asserted that he had been harassed, intimidated and systematically undermined: ‘Many, alas, suffer breakdowns and depressive illnesses and a significant proportion could doubtless . .
Cited – Rorrison v West Lothian College and Lothian Regional Council OHCS 21-Jul-1999
The pursuer, a nurse, claimed that she suffered psychological injuries as a result of her treatment at work by two superiors.
Held: The court could find nothing in the pleadings: ‘which, if proved, could establish that Andrews and Henning . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Police, Vicarious Liability
Updated: 15 July 2022; Ref: scu.245094