Dickins v O2 Plc

Dickins v O2 Plc

The employer was on clear notice of the claimant's impending psychiatric breakdown following the meeting of 23 April 2002 and failed to take reasonable steps, such as immediate referral to Occupational Health and granting time off. This breach of duty materially contributed to the claimant's psychiatric illness. The judge was entitled to find liability and apportion damages, though the appropriateness of apportionment in indivisible injury cases remains open to question.

Parties
Claimant/respondent: Susan Dickins; Defendant/appellant: 02 PLC
Jurisdiction
England and Wales
Judgment Date
16 October 2008
Procedural Posture
Civil Appeal / Appeal From Slough County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Employer's Duty of Care, Psychiatric Injury, Workplace Stress, Causation, Damages Apportionment
Employment Law Tort Law Employer's Duty of Care Psychiatric Injury Workplace Stress Causation Damages Apportionment

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Parties

Susan Dickins

Claimant/respondent

02 PLC

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Slough County Court Judgment

Legal Issues

  1. 1 Whether the employer breached its duty of care to the employee regarding psychiatric injury caused by workplace stress
  2. 2 Whether the breach made a material contribution to the employee's illness
  3. 3 Whether damages should be apportioned between tortious and non-tortious causes

Ratio Decidendi

The employer was on clear notice of the claimant's impending psychiatric breakdown following the meeting of 23 April 2002 and failed to take reasonable steps, such as immediate referral to Occupational Health and granting time off. This breach of duty materially contributed to the claimant's psychiatric illness. The judge was entitled to find liability and apportion damages, though the appropriateness of apportionment in indivisible injury cases remains open to question.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant for £109,754.22 inclusive of interest, subject to 50% apportionment for non-tortious factors.