Court of Appeal on 16th October 2008, reported at [2009] IRLR 58
NOTES

  • Dickins v O2 PLC [2008] EWCA Civ 1144, Court of Appeal on 16th October 2008, reported at [2009] IRLR 58
  • The full text of this judgment is available free of charge on the BAILII website.

    Representation:

  • Bruce Gardiner instructed by Beachcroft LLP for O2 PLC
  • Graham Aldous QC and Gaurang Naik instructed by Underwoods for Ms Susan Dickins.
    Authority for the proposition that:-

    1. provision of a counselling service may not be enough to let an employer "off the hook" in stress cases; active intervention by the employer may be required in appropriate cases.
    2. where an employee has suffered a breakdown to which the employer's negligence made a material contribution then the starting point for assessing damages should be that the employee is entitled to recover in full notwithstanding that the employee might have suffered from stress anyway even if the employer had not been negligent.

    For relevant general information go to notes in this program on Stress


    FINISH>
    prepared October2008