Hone v Six Continents Retail Ltd [2005] EWCA Civ 922 (29 June 2005)

Hone v Six Continents Retail Ltd [2005] EWCA Civ 922 (29 June 2005)

The judge was entitled to conclude that, given the employer's knowledge of Mr Hone's excessive hours, repeated complaints, refusal to sign the Working Time opt-out, and lack of support, there were sufficiently plain indications of impending harm to health to make injury reasonably foreseeable and trigger a duty to...

Source-derived case information.

Citation
[2005] EWCA Civ 922
Parties
Respondent/claimant: Mark Hone; Appellants/respondents: Six Continents Retail Ltd
Jurisdiction
England and Wales
Judgment Date
29 June 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Employer's Liability, Psychiatric Injury, Stress at Work, Reasonable Foreseeability, Working Time Regulations
Employment Law Tort Law Employer's Liability Psychiatric Injury Stress at Work Reasonable Foreseeability Working Time Regulations

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mark Hone

Respondent/claimant

Six Continents Retail Ltd

Appellants/respondents

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether injury to Mr Hone's health from workplace stress was reasonably foreseeable so as to trigger employer's duty of care

Ratio Decidendi

The judge was entitled to conclude that, given the employer's knowledge of Mr Hone's excessive hours, repeated complaints, refusal to sign the Working Time opt-out, and lack of support, there were sufficiently plain indications of impending harm to health to make injury reasonably foreseeable and trigger a duty to act. The appeal was dismissed as the judge's application of the law to the facts was not clearly wrong.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Mr Hone in the sum of £21,840 damages for psychiatric injury
  • Costs of the appeal to be assessed if not agreed