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Workplace Stress: THE LEGAL ESSENTIALS -
The summaries of cases on these pages illustrate developments in the Law of Workplace Stress 1999 to 2007.
Foreseeability: Working Conditions
Foreseeability: Reasonable Steps
Foreseeability: Evidence: Notice of Psychiatric Injury
Foreseeability: Contributory Negligence
Foreseeability: Excessive Workload
Foreseeability: Arrangements for Return to Work
Victim classification: Employee Witnessing Colleague’s Death
Victim classification: Post-
Constructive dismissal: Implied Term to take Reasonable Care for Health and Safety of Employees
Constructive Dismissal: Medical Evidence
Unfair Dismissal: Cause of Illness
Unfair Dismissal: Employment Tribunal: Compensation for Personal Injury
Unfair dismissal: Common Law Remedy
Disability Discrimination: Anxiety Disorder: Medical Evidence
Disability Discrimination: Disability: Medical Diagnosis
Disability Discrimination: Disability: Evidence of Mental Impairment
Damages: Causation: Exacerbation of Pre-
Damages: Quantum: Bullying at Work
Post-
Damages: Quantum: Anxiety Resulting from Minor Physical Injury
Post-
Service Personnel: Safe System of Work
Employment Tribunal Procedure: Postponement of Hearing: Medical Evidence
Foreseeability: Race Discrimination
Breach of Contract: Unfair Dismissal
Knowledge of Employer: Special Educational Needs School Teacher
Foreseeability: Stress Reduction Policy
Vicarious Liability: Breach of Statutory Duty: Harassment
Psychiatric Injury: Harassment: Foreseeability
Stress: Duty of Care Owed: Foreseeability
Stress: Duty of Care Owed: Workload
Stress: Foreseeability: Vicarious Liability
Psychiatric Injury: Foreseeability: Duty of Care
Post-
Post-
Stress:duty of Care Owed: Workload
Psychiatric Injury: Foreseeability: Duty of Care
Post-
Disability Discrimination Update
April 2008
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Case Examples -
Sex Discrimination Disability Discrimination Workplace Stress Harassment & Bullying Employment Tribunals
Publications -
Stress: Foreseeability: Vicarious Liability
Clark v Chief Constable of Essex [2006] EWHC 2290, High Court
C, a former police officer, sought compensation for personal injuries which he alleged
had been caused by the actions of colleagues employed by CC. He alleged that he had
been the victim of harassment, bullying, threats and intimidation because of his
role in a major police investigation. C had retired on medical grounds, suffering
from post-
Decision:
1. CC was liable.
2. Where a claim in negligence was based on the principle of vicarious liability for the acts and omissions of a defendant’s employees and upon alleged breaches of duties of care and other duties owed by a defendant to a claimant, and where, in that claim, it was alleged that those for whom the defendant was vicariously liable had deliberately bullied or victimised the claimant but had not intentionally inflicted psychological injury, it was necessary that the injury should have been foreseeable. What was foreseeable depended upon the facts of the individual case.
3. On the evidence, CC was liable. All C’s senior officers had known that could not cope with the treatment to which he was subjected. C had been bullied and unlawfully disciplined and had suffered foreseeable injury as a result.
4. C’s injuries fell within the range of moderately severe. An award of £18,000 was appropriate.