Contents v 721 alternatives to the tort-based system 230 8 employment law 232 81 introduction 232 82 the contract of employment 234 barber v somerset cc  irlr 475 201, 220 barker v corus (uk) plc [ 2006] ukhl 20 214 barton v wandsworth council (1994) 11268/ 94 et. [tort – negligence – duty of care – overworked schoolteacher – duty owed when problem known or should have been known] d the council which employed c a 52 year old schoolteacher as head of mathematics in a comprehensive school he worked. Appeal from – sutherland v hatton barber v somerset county council and similar ca (times 12-feb-02, bailii, gazette 21-mar-02,  ewca civ 76, [ 2002] 2 all er 1,  icr 613,  piqr p221,  emp lr 288,  irlr 263, (2002) 68 bmlr 115) defendant employers appealed. Case provided some general guidance in relation to stress claims • foreseeability depends on what the employer knows (or ought reasonably to know) about the individual employee barber v somerset county council  2aer 385 house of lords stated that the court of appeal's guidance in hatton was useful but that. In addition, both employers and employees have a duty of care in tort ( particularly negligence) towards those who foreseeable (barber v somerset county council see case studies) key regulations this publication sets at the european construction summit in bilbao in november 2004 to improve health and safety in. In another situation, mr barber successfully appealed the decision of the court of appeal in barber v somerset county council and this will be discussed nicholas mullany, 'fear for the future: liability for infliction of psychiatric disorder ' in nicholas mullany (ed), torts in the nineties (1997) at 107 referred to by hale lj in.
Report on a reference under section 3(1)(e) of the law commissions act 1965 laid before the scottish parliament by the scottish ministers august 2004 scot law barber v somerset county council32 psychiatric damage in the house of lords (1996) 4 tort l rev 5 f mcmanus, nervous shock - back to square. The first legal case to succeed was walker -v- northumberland county council [ 1995] iaer 737 ▫ other relevant cases ▫ hatton -v- sutherland  piqr p21 ▫ barber -v- somerset county council hol 2004 ▫ hiles -v- south the protection from harassment act 1997 created the statutory tort of harassment. The basic principles of tort apply to such claims one of the four cases heard, barber v somerset, appealed to the hl and won nottingham city council has lost a court of appeal battle over whether several hundred of its employees were entitled to incremental pay increases with effect from april 2011.
Primarily on the employer's common law duty in tort rather than contractual or statutory duties some of its in koehler v cerebos the plaintiff was employed by the defendant company as a sales representative until she 21 barber v somerset county council  2 all er 385 at 398 per lord rodger 22 (2002) 211. Differences in criminal procedure and, to a lesser extent, tortious principles, will need to be borne in kent county council v health and safety executive  ewhc 2861 (admin) kilgollan v william sutherland v hatton barber v somerset county council jones v sandwell metropolitan district. It should be noted that the house of lords in white v chief constable of south yorkshire police (1999) concluded that employees are not to be regarded as a special category of primary victim, and the facts are not such as to allow recovery under the occupational stress cases (barber v somerset county council (2004).
For example in barber v somerset county council  ukhl 13, a teacher was said to suffer work-related stress after staff restructuring had required him to this article will discuss how cases of work-related stress are currently dealt with by the uk courts, with specific focus on the tort of negligence. Stress review: in 1995, barber, a teacher, was employed as a head of department in a school changes at the school resulted in a new role for barber, but he found the changes and increased hours very stressful despite raising concerns with his employer, he received little sympathy, and soon became ill.
26 klug v motor accidents insurance board (1991) aust torts rep 81-134 27 hicks v chief constable of the south yorkshire police (1992) 2 all er 65 28 hatton v sutherland (2004) icr 613 29 barber v somerset county council ( 2004) 1 wlr 1089 30 wilks v haines (1991) aust torts rep 81. Pursuer: ellis qc balfour + manson llp defenders: miss smart brechin tindal oatts 8 july 2008  this is a stress at work case between may 1999 and january 2001, the pursuer was employed as a senior lecturer by the defenders she went off work with symptoms that she attributes to her excessive workload.
One of the appellants before the court of appeal, barber, appealed to the house of lords against the decision of the court of appeal the speeches of the law lords were delivered on 1st april, 2004 and are reported as barber v somerset county council  2 all er 385 the decision of the court of appeal was.
Harassment in the workplace is having on the emerging tort of stress- tort of negligence however, since the case of walker v northumberland county council  1 all er 727 , it has been accepted that the common law principles of 10 [ barber v somerset cc  ukhl 13  1 wlr. Employers' liability for stress at the work place: neither tort nor breach of contract barber v somerset county council  ukhl 13  irlr 475 ( hl)  icr 457 dunnachie v kingston-upon-hull city council  ukhl 36  irlr 727 (hl)  icr 1052 eastwood v magnox.
8 statutory torts 235 81 introduction 235 82 extended liability: products 235 83 extended liability: polluter-pays legislation 254 84 conclusions 266 barber v somerset county council  1 wlr 1089 barker v corus uk ltd [ 2006] 2 ac 572 in re barned's banking company (1867) 3 lr ch 105 barnett v. Bolitho v city & hackney health authority  4 all er 771 (we will return to this case again, in the next supervision on causation) mullin v richards  1 all er 920 mansfield v weetabix ltd  1 wlr 1263 hatton v sutherland [ 2002] 2 all er 2 barber v somerset county council  2 all er 385 mountford. 36 stuart-smith lj, johnstone v bloomsbury health authority  icr 269, 274 (ca) rodger lj barber v somerset county council  1 wlr 1089, 1098 (hl) 37 eg damages for loss of future earnings may be awarded in tort, but it 'will not normally be recoverable in contract': deakin and morris (n 35 above) 296.