Hurrah Ross is back
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 02 September 1998 22:34
To: Mark O'Connor
Subject: Re: FW: If employers are liable for stress are "employers"?
>Can you help poor old stressed Declan?
Yes, but before I venture forth I feel a little too ignorant of the precise
relationship between GP and NHSE (executive?).
Are you directly employed or simply given a fund containing salaries
according to number of patients/treatments and are self-employed? I should
know all this. If not directly employed, you possibly might ultimately
still argue duty of care if the work required is clearly excessive and the
pips really do start to squeak. I like to deal with questions like this by
looking at the extremes, see if that opens up possibilities, and then
tracking back to reality. So, if they really required GPs to do what no one
could possibly do and remain sane and healthy, eg a full 7 days a week 15
hour shift, would that be a breach of any duty of care. Probably yes. It
could be possible to say that they have a duty to take care in assessing
the workload and may be liable for damage forseeably flowing from the
failure to do so. But of course it will not be that bad and the problem in
reality is likely to be the old professional independence/vocation bind.
GRo
Graham Ross
Solicitor
Ross & Co
Y2K-LAW
Liverpool, UK
+44 (0)151 284 8585
+44 (0)151 236 6035-fax
Y2K-LAW:- http://www.y2kalert.com
Compliance Co-operation Protocol:-
http://www.cybermetrix.co.uk/ccpindex.html
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