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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.

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