Court of Appeal, [2007] EWCA Civ 70 on 7th February 2007, reported at [2007]] ICR 1318 (also at [2007] IRLR 355)
NOTES

  • Intel Incorporation (UK) Ltd v Daw, Court of Appeal on 7th February 2007 [2007] EWCA Civ 70 , reported at [2007] ICR 1318 (also reported at [2007] IRLR 346)
  • the full text of this judgment is available free of charge on the BAILII website
    (professional versions only)

    Representation:

  • Mr Martin Porter QC and Ms N Goolamali instructed by Messrs Bevan Brittan LLP for Intel Incorporation (UK) Ltd, the appellant
  • Mr RoderickMoore instructed by Messrs Lemon & Co) for the Ms Daw, the respondent
    Authority for the propositions that:-

    1. there is no rule of law that an employee who does not resign when stress at work becomes excessive automatically forfeits the right to sue their employer and the employee's failure to resign does not eliminate the duty of care owed to him or her by the employer.
    2. provision of a counselling service by an employer is not on its own enough to mean that he has discharged his duty of care - an employer's failure to act when he should do so is not excused simply by the provision of counsellors.

    For relevant general notes see Health and Safety at work/stress/a general note


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