Estate agent Connells has fended off a lawsuit brought by a former employee who claimed that she suffered a psychiatric illness as a result of being overworked.
Susan Pakenham-Walsh, who was employed as a sales manager for Connells Residential from 1994 until she resigned in 1999, alleged that she was required to work excessive hours without breaks and was bullied by her area manager.
The Court of Appeal rejected her claim for damages for personal injury, and upheld a May 2004 county court ruling that Connells had not breached its duty to conduct a “safe system of work”.
The court said that, after Pakenham-Walsh was declared bankrupt in 1998, owing to the failure of a family-owned clothing business, she had chosen to work extra hours and Connells was not at fault for allowing her to do so.
“A situation can arise in which an employer is required to protect an employee with personal problems from overwork and to protect the employee against her own wish to earn more money by not permitting additional hours, but that situation was far from arising in this case,” Pill LJ said.
Shropshire-based Pakenham-Walsh was paid £12,000 pa plus commission to work a five-day week at new-build sites developed by Bryant Homes. Following the failure of her business, she frequently began to work seven days per week.
She quit Connells in March 1999, after being moved to a development site in Ludlow that she claimed held poor prospects of earning commission, and was later diagnosed with the psychiatric illness.
Pill LJ added that, although Connells’ lack of records and employee appraisals was “deplorable”, Pakenham-Walsh had no history of illness attributable to stress at work and had made no complaints prior to her resignation.
Pakenham-Walsh v Connells Residential plc and another Court of Appeal (Pill, Keene and Lloyd LJJ) 21 February 2006.
Patrick Green (instructed by Wace Morgan, of Shrewsbury) appeared for the appellant; Catherine Foster (instructed by Halliwells LLP, of Manchester) appeared for the respondent.
References: EGi Legal News 21/02/06
