Source: All England Reporter
Publisher Citation: [2006] All ER (D) 267 (Apr)
Neutral Citation: [2006] EWHC 850 (QB)
Court: Queen's Bench Division

Henriques J

Representation Charles Pugh and Hannah Sampson (instructed by Douglas Mann & Co) for the claimant.
  Andrew Hogarth QC (instructed by Veitch Penny) for the defendant.
Judgment Dates: 28 April 2006


Negligence - Duty to take care - Employer - Duty to protect employee from foreseeable risk of danger to health - Whether defendant in breach of duty of care in failing to take reasonable steps to avoid exposing claimant to health endangering workload leading to psychiatric illness.

The Case

The defendant employer had owed the claimant employee, a health visitor, a duty of care to provide her with a reasonably safe system of work and to take steps to protect her from risks that were reasonably foreseeable. Where psychiatric harm to the claimant had been reasonably foreseeable, having regard to the nature and extent of her work, the defendant had been in breach of its duty to the claimant by failing to take steps to replace the claimant's colleagues. The claimant would, accordingly, be awarded damages.

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