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Essay / Research Paper Abstract
This 8 page paper cpnsiders how the case of Barber v Somerset County Council(2004) the House of Lords may have failed to take adequate account of the realities of modern work and of the changes in the typical workplace over the last thirty years. The bibliography cites 6 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEpsyemp.rtf
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Unformatted sample text from the term paper:
tort and the result of psychological harm due to stress. There is little doubt that there is a duty of care owned by employers to employees, with physical harm cases
having received a great deal of attention. However with the way this case was heard and interpreted, especially with the award to the claimant being overturned at appeal, indicates that
the law may still have some catching up to do with reference issues of stress in the place. To examining this we need to look at the basis against which
metal harm is usually considered and then look at how the case developed, or failed to take these developments into consideration. If we look at tort law in general
there has been a great reluctance to award damages for any psychological damage. The main case to cite is that of Alcock v Chief Constable of South Yorkshire [1992]
1AC 310 at 417 states that when it comes to the law regarding psychiatric harm that it is not "wholly logical". However, here there were also issues of to whom
the duty of case existed and how with issue of proximity to be considered. When it comes to an employees the issue of proximity is not a consideration, this exits.
The issue becomes that for foreseeable harm. Even where there is the aspect of proximity the attitude was usually one to
seek to avoid awarding damages for this type of injury as was illustrated by the cases of Chadwick v British Railways Board [1967] QBD and McLoughlin v OBrian [1983] 1.AC
.410 (Irwin, 1998). In many cases the argument has been that of public policy as well as the difficulty determining when and if there are factors that could cause this
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