Liability Risk and Insurance
The requirement of reasonable foreseeability
The claimant was employed as a Sales Manager selling houses on new build sites. Following her resignation, she alleged that
she had been required to work excessive hours, seven days a week and that she had been subjected to bullying and forced to
compromise her professional ethics. She had also been suffering from personal problems during that period. The trial Judge
held that, following the key “threshold test” set out in
Hatton v Sutherland and ors
(2002), her psychiatric injury was not caused by stress at work or by the Defendants’ conduct, nor was her injury reasonably
foreseeable by them.