Foreseeable injury

Case 2: The facts

This case involved appeals arising from six different claims that involved depressive illness brought about by stress at work.

The ruling

The Court of Appeal held that liability for psychiatric injury caused by stress at work is no different from liability for physical injury. It confirmed that the general principles to be applied were those set out in the case of Sutherland v Hatton [2002] IRLR 263 - for an employer to be liable for personal injury, there must be a foreseeable injury flowing from the employer's breach of duty.

The Court also held that an employer should not be held to be aware of a pre-existing condition if the information was given confidentially to occupational health as part of pre-employment health screening.

Hartman v South Essex Mental Health and Community Care NHS Trust and other adjoined cases [2005] IRLR 293