George Carroll against Dumfries and Galloway Council (Court of Session) [2024] CSOH 81 (20 August 2024)

George Carroll against Dumfries and Galloway Council (Court of Session) [2024] CSOH 81 (20 August 2024)

The defender's decision to commence and continue the investigation and disciplinary process was within the range of reasonable actions open to it, based on the information and occupational health advice available at the time. Psychiatric harm was not reasonably foreseeable to the defender after September 2015, and there was no breach of duty of care.

Citation
[2024] CSOH 81
Parties
Pursuer: George Carroll; Defender: Dumfries and Galloway Council
Jurisdiction
Scotland
Judgment Date
20 August 2024
Procedural Posture
Civil Damages for Psychiatric Injury / Judgment After Proof (trial)
Outcome
Decree of absolvitor granted in favour of the defender.
Legal Topics
Employer's Duty of Care, Psychiatric Injury, Foreseeability, Disciplinary Proceedings, Reasonableness of Employer Actions
Employment Law Delict (tort) Employer's Duty of Care Psychiatric Injury Foreseeability Disciplinary Proceedings Reasonableness of Employer Actions

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Parties

George Carroll

Pursuer

Dumfries and Galloway Council

Defender

Procedural Posture

Civil Damages for Psychiatric Injury / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender breached its duty of care by continuing disciplinary proceedings after psychiatric injury became apparent
  2. 2 Whether psychiatric harm was foreseeable to the employer after September 2015
  3. 3 Whether the employer's actions fell outside the range of reasonable responses

Ratio Decidendi

The defender's decision to commence and continue the investigation and disciplinary process was within the range of reasonable actions open to it, based on the information and occupational health advice available at the time. Psychiatric harm was not reasonably foreseeable to the defender after September 2015, and there was no breach of duty of care.

Court Disposition

Decree of absolvitor granted in favour of the defender.

Orders

  • All questions of expenses reserved.