Coventry University v Mian [2014] EWCA Civ 1275
Date: 9 October 2014
Barrister/s: Andrew McLaughlin
Area/s of law: Personal Injury, Industrial Disease
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Andrew successfully represented the defendant in the Court of Appeal in the work-related stress case of Coventry University v Mian [2014] EWCA Civ 1275. Andrew was instructed by Matthew Harrington of BLM solicitors Cardiff on behalf of QBE Insurance in this successful appeal against a decision of HHJ Barrie that the university was liable to the claimant, for work-related stress.
Read full judgment here.
The Court of Appeal agreed with Andrew that the test was whether a reasonable employer would have considered there was a reasonable basis for the charge and that on the evidence this was clearly the case. They also agreed a deeper investigation would not have affected the outcome therefore it was still reasonable to instigate the disciplinary proceedings. They agreed the judge’s decision was plainly wrong on the facts.