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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

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Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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