An employer has a duty to take reasonable care to avoid for his employees unnecessary risk of injury including psychiatric and not merely physical injury, but that duty does not extend to a duty to avoid an employee experiencing unpleasant emotions short of such injury. Complication has been caused in this area of law because of its involvement with a related issue of a distinction between those suffering primary and secondary injuries, for example as witnesses of an event.
Judges:
Lord Carloway
Citations:
Times 12-Sep-2000, [2000] ScotCS 191, 2001 SLT 1051
Links:
Jurisdiction:
Scotland
Citing:
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Cited by:
Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Scotland, Health and Safety
Updated: 09 July 2022; Ref: scu.169271
