Gogay v Hertfordshire County Council: CA 26 Jul 2000

The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor which was irrelevant to the question of whether there had been a breach of the implied term.
It should not be automatic that a care worker in a children’s home being investigated for allegations of child abuse must be suspended. Such a suspension involved different issues to those in the enquiry itself. Characterisation of the enquiries under section 47 had not helped in this case. The ‘knee jerk’ reaction of suspension in this case amounted to a breach of the employer’s duty of trust and confidence toward the employee. Such a suspension which led to damages could be compensated in damages, although the law was in need of clarification. The duty in this case was in contract, rather than in tort, but there is more reason to distinguish between physical and psychiatric injury in this case than in other breaches of an employer’s duties: ‘There is all the difference in the world between hurt, upset and injury to feelings, for which in general the law does not provide compensation whether in contract or (with certain well-defined exceptions) in tort, and a recognised psychiatric illness.’
Hale LJ, Peter Gibson LJ, May LJ
Times 03-Oct-2000, Gazette 28-Sep-2000, [2000] EWCA Civ 228, [2000] IRLR 703, (2001) 3 LGLR 14, [2000] Fam Law 883, [2001] 1 FCR 455, [2001] 1 FLR 280
Children Act 1989 47
England and Wales
CitedBliss v South East Thames Regional Health Authority CA 1985
General damages cannot be awarded for frustration, mental distress or injured feelings arising from an employer’s breach of the implied term of confidence and trust. Dillon LJ said that damages for mental distress in contract are limited to certain . .
CitedPage v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Leave applicationGogay v Hertfordshire County Council CA 26-Jul-1999
Application for leave to appeal – granted. . .
CitedWalker 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:
CitedMcCabe v Cornwall County Council, The Governing Body of Mounts Bay School CA 23-Dec-2002
The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded.
Held: . .
CitedDunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association EAT 8-Apr-2003
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
CitedEastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others HL 15-Jul-2004
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to . .
CitedGAB Robins (UK) Ltd v Triggs CA 30-Jan-2008
The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach.
Held: Where a claimant’s losses arose before . .
CitedEdwards v Chesterfield Royal Hospital NHS Foundation Trust SC 14-Dec-2011
The claimant had been employed as consultant surgeon. He had been dismissed in a manner inconsistent with the extress terms of his employment contract. He sought common law damages for the manner of his dismissal. The employer appealed.
Held: . .
CitedMeikle v Nottinghamshire County Council EAT 19-Aug-2003
EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to . .
CitedJames-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.147261