Green v. Argyll and Bute Council [2002] ScotCS 56 (28th February, 2002)

Green v. Argyll and Bute Council [2002] ScotCS 56 (28th February, 2002)

The employer's duty of care extends to preventing foreseeable psychiatric injury, but in this case, the risk of psychiatric illness to the pursuer was not reasonably foreseeable by the employer, even if proper supervision had occurred. Therefore, there was no breach of duty and no liability.

Citation
[2002] ScotCS 56
Parties
Pursuer: John Green; Defenders: Argyll and Bute Council
Jurisdiction
Scotland
Procedural Posture
Civil (personal Injury/employer's Liability) / Outer House, Court of Session – Judgment After Proof
Outcome
Action dismissed
Legal Topics
Employer's Duty of Care, Psychiatric Injury, Workplace Stress, Negligence, Causation, Damages
Employment Law Tort Law Personal Injury Employer's Duty of Care Psychiatric Injury Workplace Stress Negligence Causation +1 more

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Parties

John Green

Pursuer

Argyll and Bute Council

Defenders

Procedural Posture

Civil (personal Injury/employer's Liability) / Outer House, Court of Session – Judgment After Proof

Legal Issues

  1. 1 Does an employer owe a duty of care to prevent psychiatric injury to an employee?
  2. 2 Was the psychiatric injury to the pursuer reasonably foreseeable by the employer?
  3. 3 Did the employer breach its duty of care by failing to supervise and manage workload?

Ratio Decidendi

The employer's duty of care extends to preventing foreseeable psychiatric injury, but in this case, the risk of psychiatric illness to the pursuer was not reasonably foreseeable by the employer, even if proper supervision had occurred. Therefore, there was no breach of duty and no liability.

Court Disposition

Action dismissed

Orders

  • No damages awarded to the pursuer
  • No finding of liability against the defenders