Breach of Duty

Law Categories
  • Disciplinary Process (1)
  • Grievance (1)

Bates & ors v Post Office Ltd (2019 EWHC 606 QB)

The court has implied a duty to act in good faith into contracts that are relational which arguably includes employment contracts.

Intel Incorporation (UK) Ltd v Daw (Court of Appeal 2007)

An employer might be held liable even without knowing that an employee is susceptible to work-related depression if they are aware of the excessive workload itself. Employers must act on grievances received.

Hatton v Sutherland [2002] EWCA Civ 76 / Barber v. Somerset County Council [2004]

If you do not complain about stress in writing you are unlikely to succeed in a claim for damages. Damage due to stress needs to be reasonably foreseeable by the employer.

Dickens v O2 PLC 2008

If an employee complains about stress, it may not be enough to just provide confidential counseling, or make a referral to occupational health, to discharge the employer’s duty of care.

Spring v Guardian Assurance plc [1994] UKHL 7

The House of Lords held that sending a bad reference, if it contained inaccurate information, could be a breach of duty in tort for negligence.
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