For the Greater Good? Summary Dismissal, Psychiatric Injury and Remoteness - Liam Ryan, Ely Place Chambers
10/12/14. While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited from judicial guidance (Daniel v Secretary of State for the Home Department [2014] EWHC 2578 (QB) and Bailey v Devon Partnership NHS Trust [2014] WL 338768), the law when dealing with claims for psychiatric injury arising from the a single act, despite the recent Court of Appeal Judgment in Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512 remains fluid and turbulent.
Historically, the Courts have taken a somewhat cautious approach to this area of law for a number of reasons, primarily in fear of creating flood-gate litigation. However, as our understanding of psychiatric injury continues to grow, alongside a fluctuating employment market and a marked dilution of the rights of employees to bring claims, the opportunity for the abuse of power has become a genuine cause for concern, specifically in the...
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