A junior doctor sought an injunction against the defendant health authority from being required to work excessive hours despite the terms of his contract. He had become ill as a result of inadequate sleep and sought damages in that respect. Implied terms as to working hours.
Held: Damages for psychiatric injury in the form of nervous breakdown can be recovered. There is, at common law, an implied term of trust and confidence in every employment contract, and in particular a duty on the part of the employer to take reasonable care for the safety of employees, including the duty to provide a safe system of work. The scope of the duty of care owed to an employee to take reasonable steps to provide a safe system of work is co-extensive with the scope of the implied term as to the employee’s safety in the contract of employment.
Judges:
Sir Nicolas Browne-Wilkinson V-C
Citations:
[1991] ICR 269, [1992] QB 333
Jurisdiction:
England and Wales
Cited by:
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 – Rayment v Ministry of Defence QBD 18-Feb-2010
The claimant sought damages alleging harassment by officers employed by the defendant. An internal investigation had revealed considerable poor behaviour by the senior officers, and that was followed by hostile behaviour. The defendant had put up . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 23 June 2022; Ref: scu.195463