Duty of care

Case 5: The facts

Following changes to her working arrangements and problems with a school inspection, schoolteacher Suzanne Vahidi became ill and was signed off work with depression. She later returned to work but, despite being given support, became ill again and left work permanently.

She claimed that the school had breached its duty of care and should have provided more support, sought further medical assistance or sent her home sick.

The ruling

The Court of Appeal rejected Vahidi's claim. The school did what it could to support her, knowing that she was receiving medical treatment and had been signed fit to return to work.

Suggesting that she seek further medical assistance would have been intrusive, the court said, and sending her home could have been perceived as a hostile act indicating a lack of confidence in her.

Vahidi v Fairstead House School Trust [2005] EWCA Civ 765