Barber v Somerset County Council [2004] UKHL 13

Court: House of Lords

• Facts: A teacher suffered a nervous breakdown due to work-related stress. The teacher had previously indicated stress but the school did not take action.

• Issue: Employer's duty to prevent mental harm caused by work-related stress.

• Held: The case was finally determined in Mr Barber’s favour, and the House of Lords awarded him damages of £72,000. Mr Barber, an experienced and dedicated teacher, had been absent from the classroom for three weeks with no physical illness; this absence was certified by his GP as being related to stress and depression. The Court found that the duty of his employer to take some action arose in June or July of 1996, when Mr Barber had seen members of the school’s management team, and it continued for so long as nothing had been done to assist him.

• Lord Scott: Employers must act only when they are aware of or should reasonably foresee stress-related harm. They are not obligated to investigate stress unless it is explicitly communicated.

• Lord Roger: Employers have a duty to take reasonable steps once aware of a risk. The steps must be balanced against effectiveness and practicality.