Health and Safety Law 2024 (October 2024)

The key cases that address an employer’s liability for personal injury caused by stress are Sutherland v Hatton [2002] IRLR 263 CA and Barber v Somerset County Council [2004] IRLR 475 HL. These cases confirm that an employer’s liability for psychiatric harm is no different from its liability for physical harm. In both cases, the test is what was reasonably foreseeable to the employer in the particular circumstances of the case. There are no “inherently stressful” occupations.

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