MRS K AGAINST CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND [2020] ScotCS CSIH_18 (28 April 2020)

MRS K AGAINST CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND [2020] ScotCS CSIH_18 (28 April 2020)

The employer breached the duty of fair treatment owed to the pursuer in the context of disciplinary investigation by permanently removing her from undercover duties without consultation or investigation, and misleading her about the permanence of the move. Psychiatric harm was reasonably foreseeable given her prior vulnerabilities and the distress caused. The breach caused the pursuer's psychiatric injury. Vicarious liability attaches to the acts of Chief Superintendent Whitelock, whose liability was transferred to the defender.

Citation
[2020] ScotCS CSIH_18
Parties
Pursuer/respondent: Mrs K; Defender/reclaimer: Chief Constable of the Police Service of Scotland
Jurisdiction
Scotland
Judgment Date
28 April 2020
Procedural Posture
Reclaiming Motion (appeal) Against Interlocutor in Reparation Action / Appeal Decision
Outcome
appeal refused; Lord Ordinary's decision affirmed
Legal Topics
Vicarious Liability, Duty of Care, Psychiatric Injury, Fair Treatment in Disciplinary Proceedings, Foreseeability, Causation
Employment Law Tort/delict Personal Injury Vicarious Liability Duty of Care Psychiatric Injury Fair Treatment in Disciplinary Proceedings Foreseeability +1 more

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Parties

Mrs K

Pursuer/respondent

Chief Constable of the Police Service of Scotland

Defender/reclaimer

Procedural Posture

Reclaiming Motion (appeal) Against Interlocutor in Reparation Action / Appeal Decision

Legal Issues

  1. 1 Whether the employer owed a duty of fair treatment in disciplinary investigation
  2. 2 Whether psychiatric harm was reasonably foreseeable
  3. 3 Whether breach of duty caused psychiatric injury

Ratio Decidendi

The employer breached the duty of fair treatment owed to the pursuer in the context of disciplinary investigation by permanently removing her from undercover duties without consultation or investigation, and misleading her about the permanence of the move. Psychiatric harm was reasonably foreseeable given her prior vulnerabilities and the distress caused. The breach caused the pursuer's psychiatric injury. Vicarious liability attaches to the acts of Chief Superintendent Whitelock, whose liability was transferred to the defender.

Court Disposition

appeal refused; Lord Ordinary's decision affirmed

Orders

  • Defender liable in damages for psychiatric harm caused to pursuer by breach of duty of fair treatment
  • Reporting restrictions and anonymity order for pursuer maintained