K, MRS K AGAINST CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND [2019] ScotCS CSOH_9 (31 January 2019)

K, MRS K AGAINST CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND [2019] ScotCS CSOH_9 (31 January 2019)

Police Scotland breached its duty of care by failing to afford the pursuer fair treatment during investigation and job transfer, causing her psychiatric injury. The pursuer was not given proper notice, explanation, or opportunity to respond before being permanently removed from her post, resulting in actionable harm.

Citation
[2019] ScotCS CSOH_9
Parties
Pursuer: Mrs K; Defender: Sir Stephen House, Chief Constable of the Police Service of Scotland
Jurisdiction
Scotland
Judgment Date
31 January 2019
Procedural Posture
Action of Damages / Liability and Causation Proof
Outcome
Liability established against defender for breach of duty of care and causing psychiatric injury.
Legal Topics
Employer's Duty of Care, Fair Treatment in Disciplinary Proceedings, Mental Health and Workplace Stress, Secondment and Job Security
Employment Law Tort Law Employer's Duty of Care Fair Treatment in Disciplinary Proceedings Mental Health and Workplace Stress Secondment and Job Security

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Parties

Mrs K

Pursuer

Sir Stephen House, Chief Constable of the Police Service of Scotland

Defender

Procedural Posture

Action of Damages / Liability and Causation Proof

Legal Issues

  1. 1 Did Police Scotland breach its duty of care to the pursuer?
  2. 2 Was the pursuer afforded fair treatment in disciplinary and job transfer processes?
  3. 3 Did the pursuer suffer actionable psychiatric injury as a result of the defender's actions?

Ratio Decidendi

Police Scotland breached its duty of care by failing to afford the pursuer fair treatment during investigation and job transfer, causing her psychiatric injury. The pursuer was not given proper notice, explanation, or opportunity to respond before being permanently removed from her post, resulting in actionable harm.

Court Disposition

Liability established against defender for breach of duty of care and causing psychiatric injury.

Orders

  • Defender to pay damages to pursuer for psychiatric injury and consequential losses.
  • Defender to pay costs.