Fraser v State Hospital Board, 2001 SLT 1051
Citation: Fraser v State Hospital Board, 2001 SLT 1051
Rule of thumb: If you get depression from work can you sue your employer? As a general rule, no, it is extremely difficult – you must have shown a clear red flag which was not picked up before you can argue this. Employees are expected to have emotional struggles at work & they are expected to tell management if they are struggling mentally, rather than management be expected to pry into their medical details & wellness.
Judgment:
‘Managers often have to take decisions which will, and will be anticipated as having, an adverse effect on employees in emotional terms. For example, disciplinary action in the form of demotion or dismissal may reasonably be predicted to result in a whole range of reactions including anger, resentment, depression and anxiety. These are all normal human emotions... However it is a considerable leap to go from the position whereby a manager knows or ought to anticipate that his decisions will cause an employee emotional upset in one form or another to a stage where he knows or ought to anticipate it will cause the employee to suffer psychiatric illness’, Lord Carloway
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.