Former prosecutor suing Lord Advocate over stress and depression claims allowed to proceed with case

Laura Malone, 52, is suing the Lord Advocate on the basis that he failed to prevent her suffering caused by overwork.

Ms Malone said she had to quit her role as senior prosecutor fiscal depute after she became depressed and seeks compensation for loss of earnings.

Counsel for the Lord Advocate had asked for the case to be thrown out but temporary judge Sheriff Robert Weir QC ruled the case can proceed to a full hearing.

Ms Malone began her career at the Crown Office and Procurator Fiscal Service in 1991 and left in 2014.

She argues that she gave up work because of stress and that her bosses in the service “ignored” her complaints and requests for help.

The Lord Advocate denies the claims.

Sheriff Weir said: “The pursuer’s pleadings are not a model of clarity. I have, however, come to the view that, taking a generous view of those pleadings, it would be wrong to dismiss the action on this basis alone.

“What, as I understand it, the pursuer offers to prove is that her work conditions were such that, by April 2012, she had contracted a depressive disorder.

“In the period between the commencement of the disorder and February 2013, the pursuer’s employers did nothing to address the issues of work overload which had been a consistent feature of the pursuer’s employment since 2010, despite her exhibiting behaviour of a kind which was included amongst the list of potential stressors identified in the COPFS Stress Management Policy.”

A Crown Office spokesman said: “COPFS notes the decision of the court. We will continue to defend this action and it would, accordingly, not be appropriate to comment further on the substance of the case.

“COPFS values its employees very highly and their welfare is of great importance, the service has specially trained staff who offer support to anyone suffering stress at work and a policy to help ensure a consistent approach to tackling the issue.”