Thursday, July 03, 2008

Employer Held Responsible in Law For Suicide of Former Employee.

Employer Held Responsible in Law For Suicide of Former Employee.

 

A former employee threw himself from the top of a multi-storey car park six years after suffering a serious workplace accident.

The House of Lords upheld a Court of Appeal decision (Corr v IBC Vehicles EWCA Civ 601 2007), which found that the accident at work had caused severe clinical depression leading to suicide, and that this sequence of events was reasonably foreseeable.

IBC Vehicles, the employer, did not dispute liability for the accident, but had argued that the company could not be held responsible for Mr Corr taking his own life.

Following traumatic events at work employers now must be mindful of the risks to employees from mental health problems caused by the event, and take steps to minimise any distress. One of the Court of Appeal judges remarked that employers should say "sorry", as an apology can have a positive psychologically affect on employees who have suffered a personal injury because of their employer's negligence. Although many employers are reluctant to offer such consolation as insurers may construe that as admission of liability.

Mr Corr had worked for IBC Vehicles, as a maintenance engineer. On 22 June 1996, he was repairing a fault on a machine press when the machine suddenly picked up a metal panel and moved it forcibly towards him. He was struck on the head and his right ear was severed. Despite reconstructive surgery he remained disfigured, had trouble sleeping and was suffering from nightmares with severe headaches, flashbacks and tinnitus. He was admitted to hospital in February 2002 after taking an overdose when he had become depressed. He was assessed as a significant suicide risk, with recurring thoughts of jumping from a high building. Six years after the accident, he jumped from the top of a multi‑storey car park.

Prior to his death, Mr Corr had begun compensation proceedings for the physical and psychological injuries he had suffered. After his death, his widow was substituted as the claimant.

IBC Vehicles denied liability to pay compensation for the consequences of his suicide on the grounds that his suicide was not reasonably foreseeable. Initially, the High Court agreed but this was overturned on appeal.

In the Court of Appeal, Lord Justice Ward, criticised the company for failing to apologise to Mr Corr, although it had admitted liability. He observed: "I do wish the word 'sorry' was a word which more frequently found its place in a defendant's (and more particularly their insurer's) lexicon, since in human relations it can mean much and should not be thought to cost much."

IBC Vehicles appealed in the House of Lords, arguing that Mr Corr's suicide fell outside the duty of care to avoid causing personal injury owed to him by his employer. Thee employers arguments were largely rejected by the five law lords

According to Lord Bingham, " a reasonable employer would, I think, have recognised the possibility not only of acute depression but also of such depression culminating in [suicide] It is in no way unfair to hold the employer responsible for this dire consequence of its breach of duty, although it could well be thought unfair to the victim not to do so."

The employer's appeal was dismissed, with costs.

                                                           

 

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