The company appealed against an award of damages to the defendant for personal injury in the form of stress induced mental illness.
Held: The reference to counselling services in Hatton did not make such services a panacea by which employers can discharge their duty of care in all cases. The judge was entitled to find the employer liable despite offering a staff counselling service. The employee’s problems should have been dealt with by a management intervention.
Citations:
[2007] EWCA Civ 70, [2007] IRLR 355, [2007] 2 All ER 126, [2007] ICR 1318
Links:
Jurisdiction:
England and Wales
Citing:
Application for leave – Daw v Intel Corporation (UK) Ltd CA 24-Jul-2006
Renewed application for permission to appeal – granted. . .
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 by:
Cited – Dickins v O2 Plc CA 16-Oct-2008
The employer appealed against a finding that it was responsible for the personal injury of the claimant in the form of psychiatric injury resulting from stress suffered working for them. She had told her employers that she was at the end of her . .
Cited – Flood v The University Court of the University of Glasgow OHCS 8-Jul-2008
The pursuer, a college lecturer claimed damages for stress related injury suffered as a result of overwork. She had communicated with her managers many times about the overload. Other staff had resigned for similar reasons.
Held: The pursuer . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 09 July 2022; Ref: scu.248383