Green v DB Group Services (UK) Ltd.

Green v DB Group Services (UK) Ltd.

The claimant was subjected to a sustained campaign of bullying and harassment by colleagues, for which the defendant is vicariously liable. The defendant breached its duty of care by failing to take adequate steps to prevent or stop the behaviour, and the psychiatric injury suffered by the claimant was a foreseeable consequence of that breach. The bullying and harassment materially contributed to her psychiatric illness and consequential losses.

Parties
Claimant: Helen Green; Defendant: DB Group Services (UK) Limited
Jurisdiction
England and Wales
Judgment Date
01 August 2006
Procedural Posture
Personal Injury/employment / Judgment After Full Trial
Outcome
Claim allowed
Legal Topics
Workplace Bullying, Harassment, Vicarious Liability, Negligence, Damages, Psychiatric Injury
Employment Law Tort Law Personal Injury Workplace Bullying Harassment Vicarious Liability Negligence Damages +1 more

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Parties

Helen Green

Claimant

DB Group Services (UK) Limited

Defendant

Procedural Posture

Personal Injury/employment / Judgment After Full Trial

Legal Issues

  1. 1 Whether the claimant was subjected to bullying and harassment amounting to actionable torts and/or breach of statutory duty
  2. 2 Whether the defendant is vicariously liable for the acts of its employees
  3. 3 Whether the defendant breached its duty of care to the claimant

Ratio Decidendi

The claimant was subjected to a sustained campaign of bullying and harassment by colleagues, for which the defendant is vicariously liable. The defendant breached its duty of care by failing to take adequate steps to prevent or stop the behaviour, and the psychiatric injury suffered by the claimant was a foreseeable consequence of that breach. The bullying and harassment materially contributed to her psychiatric illness and consequential losses.

Court Disposition

Claim allowed

Orders

  • Judgment for the claimant on liability for negligence and harassment
  • Defendant to pay general damages of £35,000 for psychiatric injury