Traumatised employee loses claim for damages
An employee traumatised by an armed raid on the betting shop where she worked has lost her claim for damages for psychological injury.
The Court of Appeal dismissed Kerry Nicholls appeal, in Nicholls v Ladbrokes Betting & Gaming [2013] EWCA Civ 1963.
She claimed damages on the basis that Ladbrokes had failed to provide a safe working environment as they should have instructed that the magnetic locking system on the door be used after dark as well as at opening and closing times.
The High Court found Ladbrokes had breached its duty, and awarded £9,000 in damages.
However, two of the three Lords Justice of Appeal held there was no breach because the shop was not in a high-risk area, the security procedures did not fall short of those standard in the industry and a magnetic lock was not perceived in the industry as a vetting device.
Lord Justice Tomlinson said: “In my view it cannot ordinarily be negligent to fail to ensure that a safety or security device is used if it would not have been negligent not to have installed the device in the first place.”
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