Barber v. Somerset County Council, (2004) 320 N.R. 13 (HL)

• Case Date: April 01, 2004
• Jurisdiction: Canada (Federal)
• Citations: (2004), 320 N.R. 13 (HL)

Barber v. Somerset County Council (2004), 320 N.R. 13 (HL)

MLB headnote and full text

Temp. Cite: [2004] N.R. TBEd. AP.044

Barber (appellant) v. Somerset County Council (respondents)

([2004] UKHL 13)

Indexed As: Barber v. Somerset County Council

House of Lords

London, England

Lord Bingham of Cornhill, Lord Steyn, Lord Scott of Foscote, Lord Rodger of Earlsferry and Lord Walker of Gestingthorpe

April 1, 2004.

Summary:

A 52 year old school teacher took an early retirement after suffering a mental break­down at school. The teacher was unable to continue to work as a teacher or to do any work other than undemanding part-time work. The teacher sued his employer, the Somerset County Council, for damages for per­sonal injuries (i.e., for a serious depres­sive illness). The trial judge allowed the ac­tion. The County Council appealed.

The Court of Appeal allowed the appeal, holding that the County Council was not in breach of its duty as an employer. The teacher appealed.

The House of Lords, Lord Scott of Fos­cote, dissenting, allowed the appeal.

Education - Topic 703

Education authorities - School commis­sions or boards - General - Duties of school boards respecting teachers - Where authority aware of teacher's mental condi­tion - [See Master and Servant - Topic 5604 ].

Master and Servant - Topic 5604

Liability of master to servant - General - Duty of care - Where employer aware of employee's mental condition - A 52 year old school teacher took an early retirement after suffering a mental break­down at school - Over the years, due to restructur­ing, he had to take on an increasing work load - He worked between 61 and 70 hours per week, including evenings and week­ends - A few months before his break­down, he was off work for three weeks for stress and depression - When he returned to work, he told his superiors he could not cope with the workload, but they were u­n­sym­pathetic and no adjustments were made - After his breakdown he was only able to do undemanding part-time work - The teacher sued his employer for damages for personal injuries - The trial judge allowed the claim, but this decision was overturned on appeal - The teacher appealed - The House of Lords allowed the appeal - The court stated that the senior management team should have taken some initiative in making sympathetic inquiries of the teach­er when he initially returned to work and made some reduction in his workload to ease his return.

Cases Noticed:

Stokes v. Guest Keen and Nettleford (Bolts and Nuts) Ltd., [1968] 1 W.L.R. 1776, refd to. [paras. 5, 65].

Clarke v. Edinburgh and District Tram­ways Co., [1919] S.C.(H.L.) 35, refd to. [para. 16].

Watt - see Thomas v. Thomas.

Thomas v. Thomas, [1947] A.C. 484 (H.L.), refd to. [para. 16].

Ross v. Associated Portland Cement Manu­facturers Ltd., [1964] 1 W.L.R. 768, refd to. [para. 22].

Withers v. Perry Chain Co., [1961] 1 W.L.R. 1314, refd to. [para. 30].

Walker v. Northumberland County Coun­cil, [1995] 1 All E.R. 737, refd to. [para. 31].

Johnstone v. Bloomsbury Health Authority, [1991] I.C.R. 269, refd to. [para. 32].

Hatton v. Sutherland, [2002] E.W.C.A. Civ. 76; [2002] 2 All E.R. 1; [2002] I.C.R. 613, refd to. [para. 38].

Cross v. Highlands and Islands Enterprise, [2001] I.R.L.R. 336, refd to. [para. 69].

Authors and Works Noticed:

United Kingdom, Health and Safety Com­mission, Managing Occupational Stress: A Guide for Managers and Teachers in The Schools Sector (1990), generally [para. 62].

Counsel:

[not disclosed]

Solicitors of Record:

[not disclosed]

This appeal was heard before Lord Bing­ham of Cornhill, Lord Steyn, Lord Scott of Foscote, Lord Rodger of Earlsferry and Lord Walker of Gestingthorpe of the House of Lords. The decision of the House was given on April 1, 2004, when the following speeches were delivered:

Lord Bingham of Cornhill - see para­graph 1;

Lord Steyn - see paragraph 2;

Lord Scott of Foscote - see paragraphs 3 to 15;

Lord Rodger of Earlsferry - see para­graphs 16 to 36;

Lord Walker of Gestingthorpe - see paragraphs 37 to 71.