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Barber v Somerset County Council

[2004] 2 All ER 385

Case summary last updated at 20/01/2020 18:35 by the Oxbridge Notes in-house law team.

Judgement for the case Barber v Somerset County Council

P was a teacher with many roles in the school. He complained to the school of stress as did his doctor. School, D, did nothing and P suffered a nervous breakdown, depression etc. HL ruled that D had been negligent and hadn’t taken care of its employees given what they knew or ought to have known. Once the school knew/ought to have known of D’s stress, positive action was required by them.
 
Lord Walker: “the overall test is still the conduct of the reasonable and prudent employer, taking positive thought for the safety of his workers in the light of what he knows or ought to know”.

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