Ward v Scotrail Railways Ltd [1998] ScotCS 81 (27 November 1998)

Ward v Scotrail Railways Ltd [1998] ScotCS 81 (27 November 1998)

The pursuer's pleadings disclose an arguable case of employer negligence and breach of contract, given alleged psychiatric injury and awareness of the harassment policy, but do not establish vicarious liability as the employee's conduct was outside the course of employment. Proof before answer is allowed except for vicarious liability averments, which are excluded from probation.

Citation
[1998] ScotCS 81
Parties
Pursuer: Janice Ward; Defender: Scotrail Railways Limited
Jurisdiction
Scotland
Judgment Date
27 November 1998
Procedural Posture
Civil Action for Damages / Preliminary Debate on Relevancy and Pleas; Interlocutory Ruling
Outcome
Proof before answer allowed except as to vicarious liability; vicarious liability averments excluded from probation; amendment to pleadings allowed regarding harassment policy awareness.
Legal Topics
Sexual Harassment, Vicarious Liability, Breach of Contract, Negligence, Psychiatric Injury
Employment Law Delict Contract Law Sexual Harassment Vicarious Liability Breach of Contract Negligence Psychiatric Injury

Case Brief

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Parties

Janice Ward

Pursuer

Scotrail Railways Limited

Defender

Procedural Posture

Civil Action for Damages / Preliminary Debate on Relevancy and Pleas; Interlocutory Ruling

Legal Issues

  1. 1 Whether conduct alleged constitutes actionable harassment under Scots law
  2. 2 Whether employer is vicariously liable for employee's conduct
  3. 3 Whether breach of contract arises from harassment policy

Ratio Decidendi

The pursuer's pleadings disclose an arguable case of employer negligence and breach of contract, given alleged psychiatric injury and awareness of the harassment policy, but do not establish vicarious liability as the employee's conduct was outside the course of employment. Proof before answer is allowed except for vicarious liability averments, which are excluded from probation.

Court Disposition

Proof before answer allowed except as to vicarious liability; vicarious liability averments excluded from probation; amendment to pleadings allowed regarding harassment policy awareness.

Orders

  • Pursuer's pleadings amended to admit awareness of harassment policy document.
  • Defenders' second plea-in-law sustained as to Article 7; vicarious liability averments excluded from probation.