Particulars of claim for occupational stress caused by harassment at work
Produced in partnership with Catriona Stirling of Cloisters Chambers
Particulars of claim for occupational stress caused by harassment at work

The following PI & Clinical Negligence precedent Produced in partnership with Catriona Stirling of Cloisters Chambers provides comprehensive and up to date legal information covering:

  • Particulars of claim for occupational stress caused by harassment at work

IN THE COUNTY COURT AT [insert]

Claim No. [insert claim number]

Between

  1. [Mr A B]        Claimant

  1. -and-

  1. [C D PLC]        Defendant

__________________________________

Particulars of claim

__________________________________

    1. 1

      At all material times, the Claimant was employed by the Defendant as a mail sorter at its Islington office and acting in the course of his employment. The Claimant’s employment commenced on [insert date]. At all material times, the Claimant’s line manager was [insert name of Claimant’s line manager, eg Mr Bloggs]. [Mr Bloggs]’ line manager was [insert name, eg Mr Jones]. The Defendant’s Managing Director was [insert name, eg, Mr Smith].

    1. 2

      The Defendant owed the Claimant the following duties in tort and/or contract:

      1. 2.1

        a duty to take reasonable care of the Claimant’s health and safety, which included employing competent fellow workers; and/or

      1. 2.2

        a duty to take reasonable care to prevent the Claimant from suffering foreseeable psychiatric injury in the course of or as a result of his employment, which included protecting him from bullying and harassment at work.

    1. 3

      The Defendant and its employees, including [Mr Bloggs], owed the Claimant a statutory duty pursuant to section 1(1) of the Protection from Harassment Act 1997 (PHA 1997) not to pursue a course of conduct which amounted to harassment of the Claimant.

    1. 4

      At all material times, the Defendant was aware that the Claimant had a pre-existing psychiatric vulnerability, having received a letter from his General

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