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08 March 2012
Issue: 7504 / Categories: Case law , Law digest , In Court
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Employment

MacLennan v Hartford Europe Ltd [2012] EWHC 346 (QB), [2012] All ER (D) 175 (Feb)

In the context of a claim that stress in the workplace had induced chronic fatigue syndrome, it was insufficient for a claimant to show that his employer knew or ought to have known that he had too much work to do, or even to show that he was vulnerable to stress as a result of overwork. To succeed, he had to show that his employer knew or ought to have known that there was a risk that he would suffer harm, in terms of a psychiatric or other medical condition. Even then it was insufficient merely to show that there was a known risk of some psychiatric or other injury in the future.

The claimant had to show that the employer knew or ought to have known that there was a risk that he would suffer harm of the kind he suffered. Although most employees would have difficulties with the amount or nature of their work from time-to-time, few were at risk of psychiatric illness as a result. An employer was entitled to

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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