Kari Boto
On 27 June 2007, Kari Boto, a BBC executive, committed suicide after having worked for the BBC for 30 years.
The coroner’s inquest into her death, held at Ipswich Crown Court, concluded in May 2008. It became clear throughout the course of the inquest that Mrs Boto’s mental health disintegrated after being appointed to the role of director with the BBC World Service Trust. Her anxieties then escalated when she tried to resign from the post in March 2007. Her husband told the inquest that Mrs Boto “felt the job was impossible to do. She felt isolated and under-supported…she was crying for help by no one at the BBC would listen.” Moreover, Kevin Burden, head of training at the Trust, told the inquest that he witnessed Mrs Boto being “marginalised and demonised by management”.
The coroner posed the question: “even if the BBC did everything correct in terms of procedure, is there something more they could have done?”
Corr v IBC Vehicles Limited
In March 2008, the House of Lords made a landmark ruling regarding employer’s civil liability in suicide cases, by ruling that the widow of a man who killed himself six years after an accident in the workplace should be compensated by his former employers.
In 1996, Thomas Corr suffered a serious head injury after being hit on the head by a metal panel as a result of defective machinery. As a result of the accident, Mr Corr suffered deep depression and eventually in May 2002, Mr Corr committed suicide by jumping from a multi-story car park. Mr Corr’s employers admitted liability for the workplace accident, but denied responsibility for the subsequent suicide, arguing that such a consequence could not be reasonably contemplated. Nevertheless the House of Lords held that depression was a foreseeable result of the accident, and that suicide was not uncommon following severe depression. Therefore Mr Corr’s illness was deemed to be a direct result of his employer’s negligence; the employer owed Mr Corr a duty of care, and the breach of that duty caused him injury, both physical and psychological.
The Lords commented that:
“It is in no way unfair to hold the employer responsible for this dire consequence of its breach of duty, although it could well be thought unfair to the victim, not to do so.”
Not all cases will be as unambiguous as that of Thomas Corr, where the only effective cause of the suicide was the workplace accident. Where the deceased has perhaps, previous medical health problems or reasons independent of the accident which lead to depression and subsequent suicide, deciding what compensation should be paid (if any) will surely be a much more complicated and distressing process.
To view the House of Lords decision click here.
To view our full Law-Now on the Thomas Corr decision click here.
