stress and psychiatric injury claims update - feb 07

Psychiatric injury had not been reasonably foreseeable, despite breaches of Working Time Regulations.

In Sayers v Cambridgeshire CC the Claimant failed to satisfy the Judge that her injury should have been foreseen by her employers. Although the Defendant had breached the Working Time Regulations, the Claimant had not worked significantly in excess of the 48 hours per week limit and, in any event, the Claimant would have had difficulty in demonstrating that the extra hours were causative of her illness. Breach of the WTR did not give rise to a cause of action in itself.

Bullied Police Officer recovers damages for stress

The Claimant had been the subject of bullying by two senior Officers for whom the Defendant was vicariously liable and the severe stress suffered had been foreseeable.

Claimant succeeds in first breakdown stress claim

The court in Hiles v. South Glos. NHS PCT was persuaded that the Claimant’s actions and complaints were sufficient to put the Defendant on notice that her work was harming her health. The decision hinged on the Judge’s finding of fact that, at an appraisal in May 2002, the Claimant became tearful and distressed and displayed sufficient signs of stress that her manager should have realised that her health was in danger.

Claim for “nervous shock” fails as Claimant did not witness immediate aftermath of accident.

The Claimant was called to a hospital to see her husband who had been in an explosion at work. He had a blackened face, ginger hair due to burning, tubes in his throat and probably an oxygen mask. She stayed with him in ITU for at least a week. Her claim for damages for “nervous shock” failed.