Apportioning damages for psychiatric injury caused by workplace discrimination - BAE Systems (Operations) Ltd v Konczak [CA] 31.07.17


Tue, 01 Aug 2017

The court endorsed the guidance given in obiter comments in Barber v Somerset CC [2002] EWCA Civ 76, [2002] 2 All E.R. 1, [2002] C.L.Y. 3264 in relation to the apportionment of damages for psychiatric injury caused by an employer's wrongdoing. In cases where there were multiple extrinsic causes of psychiatric injury, a sensible attempt should be made to apportion the harm, but there might be cases where the harm was indivisible and apportionment would be wrong.




Category: Employment »  Disability discrimination; Dismissal; Remedies; Sex discrimination. Keyword(s): Damages; Psychiatric harm. Area(s) of law: Employment; Litigation.
Source: [2017] EWCA Civ 1188; Times 27.09.17

 

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