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 more intensely and for longer hours than was good for his health.
Held: Whilst the initial breakdown was not reasonably foreseeable, an employer could not simply devise a system for easing an employee back into work; it also had to take reasonable care to ensure that it was adopted.
Judges:
Simon Brown, Arden, May LJJ
Citations:
[2002] IRLR 660, [2002] EWCA Civ 661, [2002] Emp LR 1136
Links:
Jurisdiction:
England and Wales
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 – Hartman v South Essex Mental Health and Community Care NHS Trust etc CA 19-Jan-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 29 June 2022; Ref: scu.223056