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Personal injury update

09 March 2007 / Helen Bell
Issue: 7263 / Categories: Features , Damages , Personal injury , Employment
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Employers' liability for occupational stress, Interpretation of the Uninsured Drivers' Agreement 1999, Section 14(2) of the Limitation Act 1980

STRESS AT WORK

In Daw v Intel Corp (UK) Ltd [2007] EWCA Civ 70, [2007] All ER (D) 96 (Feb) the Court of Appeal considered, in the light of guidance previously provided by Lady Justice Hale (as she then was) in Hatton v Sutherland [2002] EWCA Civ 76, [2002] 2 All ER 10, what steps an employer must take to discharge its duty of care to an employee who is alleged to have suffered from occupational stress.

Tracy Daw had worked for Intel for around 13 years before she ceased work in June 2001 after a breakdown. She was initially employed by Intel as a finance assistant, during which time she had two periods off work because of postnatal depression.

Daw was subsequently promoted to mergers and acquisitions payroll integration analyst which required her to integrate into Intel’s payroll
employees acquired as a result of company takeovers. This was accepted to be a sensitive

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