A promising 39-year old executive, was employed in a job in which (because of geographical factors) close day-to-day supervision of his work was impossible. He became ill with depressive illness and killed himself. After the employee had been off work with depression, his line manager travelled to see him and spent almost the whole day discussing his work and his future with him. He reduced his responsibilities and continued to maintain contact with him by telephone. Unfortunately the depression continued.
Held: The employer was not liable for the tragedy which ensued because ‘. . .the evidence does not establish that objectively the job was the problem. For all the defenders knew, they were dealing with an employee who, for reasons that were not clear, had become unable to cope with the job that he had previously managed successfully.’
Judges:
Lord Macfadyen
Citations:
[2000] ScotCS 307, [2001] IRLR 336
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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 12 July 2022; Ref: scu.169159
