Barber v Somerset CC [2002] EWCA Civ 76; [2004] UKHL 13

Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Mental Health: Pre-emptive and tactical action in stress at work claims

Liam Ryan examines the overlap between employment and personal injury law in stress at work cases ‘A claimant, through utilising the Equality Act 2010 in order to place their employer on notice of the danger and risk they face of psychiatric injury, legitimately seeks the assistance they need to manage their psychiatric condition for their …

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Occupational Stress: High Court takes robust approach to foreseeability

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Simon Fenton discusses the latest in a line of cases on employers’ duty to protect workers from mental injury ‘Warning signs from employees will play a fundamental role in establishing liability because once the employer is on notice of the adverse effects of stress, the consequences are more foreseeable.’ If someone wants to claim personal …

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Psychiatric Injury: For the greater good?

Liam Ryan discusses summary dismissal, psychiatric injury and remoteness ‘While Mr Yapp was not successful with regards to his claim for psychiatric injury it needs to be remembered his claim for unfair dismissal succeeded.’While stress at work claims where a claimant has been exposed to a lengthy and continuous period of stress recently benefited from …

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