Hatton v Sutherland

An employer is liable for psychiatric injury caused by stress at work only if the injury was reasonably foreseeable, which usually requires indications of harm.

Citation
[2002] EWCA Civ 76, [2002] ICR 613
Court
Court of Appeal (Civil Division)
Year
2002
Subject
Tort Law
Topic
Psychiatric injury

Facts

The Court of Appeal heard four appeals in cases where employees had suffered psychiatric illness caused by stress at work, including two teachers, an administrative assistant and a factory worker. The employers argued that they were not liable, because they had not known that the employees were at risk of illness.

Legal principle

The Court of Appeal set out guidance for stress at work claims. Hale LJ said that the threshold question is whether this kind of harm to this particular employee was reasonably foreseeable, which depends on what the employer knows or ought reasonably to know about the individual employee. An employer is usually entitled to assume that the employee can withstand the normal pressures of the job, unless he knows of some particular problem or vulnerability. An employer who offers a confidential advice service is unlikely to be found in breach. The court allowed three of the four appeals. One case went to the House of Lords as Barber v Somerset County Council.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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