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 troubled the courts. The 16 issues identified in Hatton were not exhaustive. One of the appeals at issue in this case involved stress arising from one traumatic incident at work: ‘It is foreseeable injury flowing from the employer’s breach of duty that gives rise to the liability. It does not follow that because a claimant suffers stress at work and that the employer is in some way in breach of duty in allowing that to occur that the claimant is able to establish claim in negligence.’ Where an employer had knowledge that particular stresses carried with them the risk of psychiatric injury to employees, failure to implement recommended precautions against such injury could attract liability without any need to demonstrate knowledge that an employee was particularly vulnerable.
Judges:
Lord Justice Tuckey Lord Philips Of Worth Matravers, Mr Lord Justice Scott Baker
Citations:
[2005] EWCA Civ 6, Times 21-Jan-2005, [2005] ICR 782, [2005] IRLR 293, [2005] ELR 237, [2005] PIQR P19, (2005) 85 BMLR 136
Links:
Jurisdiction:
England and Wales
Citing:
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 – 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 – Pratley v Surrey County Council CA 25-Jul-2003
The claimant sought damages for personal injury namely stress suffered in the course of her work as a care manager. She said that she had been overworked, and suffered depression when a proposal for reducing the work load remained unimplemented. The . .
Cited – Young v Post Office CA 30-Apr-2002
The claimant had been absent from work with a psychiatric illness. When he returned, the employers intended that he should work at his own pace and continue to do so for as long as he wished. In practice this arrangement was ignored and he worked . .
Cited – Bonser v UK Coal Mining Ltd CA 9-Jun-2003
The employer appealed a finding that it was responsible in negligence to a staff member for stress related injury at work. The claimant had worked in the coal industry for 20 years, but she had then been made redundant. The defendants took her on as . .
Cited – Croft v Broadstairs and St Peter’s Town Council CA 15-Apr-2003
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 . .
Cited by:
Cited – Banks v Ablex Ltd CA 24-Feb-2005
The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in . .
Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
Cited – D v Intel Corporation (UK) Ltd QBD 23-May-2006
The claimant sought damages for stress incurred at work. She had suffered post natal depression and received counselling through her work and recovered. She suffered a second bout of depression after the birth of another child, but again was thought . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 28 June 2022; Ref: scu.221524