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Barber v Somerset County Council [2004] 2 All ER 385; [2004] UKHL 13

Country:
United Kingdom
  • Plaintiff was a teacher with many roles in the school. He complained to the school of stress as did his doctor. School, Defendant, did nothing and Plaintiff suffered a nervous breakdown, depression etc.

  • HL ruled that Defendant had been negligent and hadn’t taken care of its employees given what they knew or ought to have known.

  • Once the school knew/ought to have known of Defendant’s stress, positive action was required by them.

Lord Walker

The overall test is still the conduct of the reasonable and prudent employer, taking positive thought for the safety of his workers in the light of what he knows or ought to know

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