Employers do not have a duty to take reasonable care to protect employees from economic and reputational harm in the conduct of legal proceedings.
Four police officers alleged breach of contract and negligence arising out of the Commissioner’s defence to a claim of assault during an arrest, which was settled with an admission of liability and an apology for “gratuitous violence”. The officers argued there was a duty to take reasonable care to safeguard their safety, health, welfare and reputational interests, in the preparation, conduct and settlement of the assault claim.
The High Court struck out the claim for lack of prospects, but the Court of Appeal thought it arguable. The Supreme Court held that the imposition of the duty argued for was not fair, just and reasonable:
James Tunley / 29th Aug 2018
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