The claimant acted as the town clerk. After an unexpected letter about her conduct there were meetings and correspondence. Her initial shock and distress were so exacerbated that she was rendered incapable of work through depression. The triggering factor was not the work she was required to do but receipt of the letter which the council accepted would not have been written had it known of her psychiatric problems. The judge found for Mrs Croft.
Held: The fact that two town councillors knew that Mrs Croft had been undergoing counselling was not enough to establish that the council knew of her psychiatric vulnerability. Potter LJ: that left the council in a position of employers who were entitled to expect ordinary robustness in Mrs Croft in an employment context, including disciplinary matters in which she had never been involved before. Her breakdown was not reasonably foreseeable.
Judges:
Potter LJ
Citations:
[2003] EWCA Civ 676
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Hartman v South Essex Mental Health and Community Care NHS Trust etc CA 19-Jan-2005
The court considered the liability of employers for stress injury to several employees.
Held: Though the principles of awarding damages for stress related psychiatric injury are the same as those for physical injury, the issues have still . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Employment
Updated: 07 June 2022; Ref: scu.182328