Harding v Pub Estate Company Ltd [2005] EWCA Civ 553 (11 May 2005)

Harding v Pub Estate Company Ltd [2005] EWCA Civ 553 (11 May 2005)

The claimant failed to provide clear and cogent notice to the employer of impending harm to his health; no breach of duty was established as the employer was not put on sufficient notice to trigger a duty to act; therefore, the claim fails.

Source-derived case information.

Citation
[2005] EWCA Civ 553
Parties
Claimant/respondent: Edward Harding; Defendant/appellant: The Pub Estate Company Ltd
Jurisdiction
England and Wales
Judgment Date
11 May 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability
Outcome
Appeal allowed. Claim dismissed.
Legal Topics
Employer's Liability for Stress at Work, Personal Injury, Negligence, Foreseeability of Harm, Duty of Care
Employment Law Tort Law Employer's Liability for Stress at Work Personal Injury Negligence Foreseeability of Harm Duty of Care

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edward Harding

Claimant/respondent

The Pub Estate Company Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability

Legal Issues

  1. 1 Whether the employer breached its duty of care by failing to take reasonable steps to prevent foreseeable harm to the employee's health due to workplace stress
  2. 2 Whether the employee gave sufficient notice to the employer of impending harm to health to trigger a duty to act
  3. 3 Whether the breach, if any, caused or materially contributed to the employee's heart attack

Ratio Decidendi

The claimant failed to provide clear and cogent notice to the employer of impending harm to his health; no breach of duty was established as the employer was not put on sufficient notice to trigger a duty to act; therefore, the claim fails.

Court Disposition

Appeal allowed. Claim dismissed.

Orders

  • Judgment for the defendant.
  • Claimant to pay defendant's costs of the action and the appeal, subject to detailed assessment.