Annabel Mackay, managing associate at Addleshaw Goddard, detail the latest rulings.
Howard Fidderman reports on a Court of Appeal decision that should help workers claiming compensation for work-related stress.
Employers may be liable for psychological, as well as physical, consequences of occupational accidents, including suicide consequent on post-traumatic depression, the House of Lords has ruled.
This week's case of the week, provided by Matthew Arnold & Baldwin, covers employers' liability for accidents.
In Harding v The Pub Estate Company Ltd, the Court of Appeal holds that the approach adopted by the Court of Appeal in Hartman v South Essex Mental Health and Community Care NHS Trust is correct. The test is whether injury through stress at work, whether physical or psychiatric, to the particular employee was reasonably foreseeable in the light of what the employer knew, or ought to have known.
In Sheriff v Klyne Tugs (Lowestoft) Ltd (24 June 1999) EOR88B, the Court of Appeal has ruled that an employment tribunal can award compensation by way of damages for personal injury caused by unlawful discrimination.
In Longden v British Coal Corporation, the House of Lords holds that incapacity pension payments made to an employee under a contributory occupational pension scheme prior to normal retiring age do not have to be set off against personal injury damages in respect of future loss of a retirement pension that the employee would otherwise have received.
HR and legal information and guidance relating to damages for personal injury.