Workplace Report May 2004

Law - Dismissal

Injury to feelings

Case 8: The facts

Christopher Dunnachie resigned after 17 years as an environmental health officer, after being subjected to a sustained period of bullying and harassment by his line manager, which his employers failed to recognise or rectify.

He claimed compensation, not just for his loss of wages but also for the injury to his health caused by the bullying.

The ruling

The Court of Appeal, in a landmark ruling, held that "injury to feelings" awards can be made in unfair dismissal cases, provided the injury to the employee is real.

The ruling reverses a long line of cases where it had been held that "injury to feelings" claims were not possible in unfair dismissal cases.

Dunnachie v Kingston upon Hull City Council [2004] IRLR 287