Darren Cavanaugh v Folsana Pressed Sections Limited
[2024] EWHC 1381 (KB)
NM v SM
6 September 2023
[2023] EWHC 2209 (Fam)
High Court
A police officer got sick from work stress. He sued his boss for not helping enough. The court said the boss wasn't responsible because they didn't know the officer was at a specific high risk of getting sick.
Key Facts
- •The claimant, Mr. David Lee, was a serving police officer.
- •He was diagnosed with PTSD and other health conditions allegedly arising from his work.
- •He brought a claim against the Chief Constable of West Yorkshire Police for breach of duty of care.
- •The claim was based on the employer's alleged failure to provide a safe working environment and adequate support for Mr. Lee's mental health.
- •The trial judge dismissed the claim.
- •Mr. Lee appealed the dismissal.
Legal Principles
Duty of care owed by employers to employees to provide a safe system of work, including mental health.
Common law duty of care
Foreseeability of harm is a crucial element in establishing a breach of duty of care.
Common law negligence principles
The standard of care required is that of a reasonable employer in the circumstances.
Common law negligence principles
Causation needs to be established between the breach of duty and the harm suffered.
Common law negligence principles
Outcomes
The appeal was dismissed.
The Court of Appeal held that the trial judge's decision was not wrong. The claimant failed to establish that the employer knew or ought to have known of a particular risk to his mental health that was specific enough to create a duty to take particular steps beyond the general duty of care.