Barber v Somerset CC

Barber v Somerset CC

Court	House of Lords
Citation(s)	[2004] 13, [2004] ICR 457
Keywords
Wrongful dismissal

Barber v Somerset CC [2004] UKHL 13 is a UK labour law case, concerning wrongful dismissal.

Facts

Heard along with the Hatton case, Mr Barber was a maths teacher at East Bridgwater Community School (previously Sydenham Comprehensive School) who had to take on more work given funding cuts, and was working between 61 and 70 hours a week. He was head of department but then had to become the ‘Mathematical Area of Experience Co-ordinator’. He took off three weeks, and returned. The employer was unsympathetic. His work worsened and then Mr Barber had a mental collapse in November 1996, and took early retirement at 52 in March 1997.

First Instance awarded £101,000 in general and special damages.

Judgment

Lord Hope and Lord Rodger gave short opinions. Lord Walker held that Mr Barber should receive £72,547 for the employer’s breach of duty by failing to take steps to ensure his health was sound following his three-week break. The school managers should have reassessed Mr Barber’s workload for the sake of his health.

Lord Bingham, Lord Steyn concurred with Lord Walker.

Wrongful dismissal cases
Employment Rights Act 1996 s 86
Wilson v Racher [1974] ICR 428
Johnson v Unisys Ltd [2001] UKHL 13
Gunton v Richmond upon Thames LBC [1980] ICR 755
Boyo v London Borough of Lambeth [1994] EWCA Civ 28
Société Générale, London Branch v Geys [2012] UKSC 63
McClelland v NI General Health Services [1957] 1 WLR 594
Taylor v Secretary of State for Scotland [2000] UKHL 28
Horkulak v Cantor Fitzgerald Int [2004] EWCA Civ 1287
Reda v Flag Ltd [2002] UKPC 38
Eastwood v Magnox Electric plc [2004] UKHL 35
Barber v Somerset CC [2004] UKHL 13
Hill v CA Parsons & Co Ltd [1972] Ch 305
Edwards v Chesterfield Royal Hospital [2011] UKSC 58
see UK labour law and wrongful dismissal

References

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