A national agreement is designed to reduce teachers' workload

They awarded a teacher, Leon Alan Barber, �72,547 in damages against his employers, Somerset County Council.

Mr Barber, 59, was mathematics co-ordinator at East Bridgwater Secondary School in Somerset.

He retired in March 1997 on medical advice following a series of depressive illnesses.

Workload

His union, the National Union of Teachers (NUT), said that for two years he had been teaching full-time as well as being responsible for the mathematics department and for promoting the school at a time when it was seeking to improve its image to attract more pupils.

"The two roles, combined with the removal of his deputies, meant that Mr Barber was regularly working between 61 and 70 hours a week and he began to suffer stress at work," the union said.

In May 1996 his doctor signed him off sick for depression brought on by the heavy workload.

He complained to school managers but nothing was done.

He became seriously ill in November 1996 and had not worked since.

Overturned on appeal

A judge at Exeter County Court found Mr Barber had been given little help even though the school's senior management was aware of the stress he was under.

But in 2002 the Court of Appeal found that Mr Barber's employers had not breached their duty to him.

It said they were not required to check whether Mr Barber was still suffering from stress after the summer break, despite knowing of his previous illness.

It quashed an award of �101,041 in damages and interest.

The House of Lords has now overturned that.

Monitoring

In his judgement, backed by three other Law Lords, Lord Walker of Gestingthorpe said the breach of the county council's duty of care was "fairly close to borderline".

But he said: "At the very least the senior management team should have taken the initiative in making sympathetic inquiries about Mr Barber when he returned to work, and making some reduction in his workload to ease his return.

"Even a small reduction in his duties coupled with the feeling that the senior management team was on his side, might by itself have made a real difference.

"In any event Mr Barber's condition should have been monitored, and if it did not improve, some drastic action would have had to be taken."

Afterwards Mr Barber said: "This is an important ruling and is as significant for the teaching profession as it is for working conditions in this country generally.

"I believe that many cases of excessive workload and unnecessary stress can be resolved if a clear structure and positive attitude exists between employers and employees."

Stress calls

Somerset County Council said in a statement that it was disappointed with the outcome of the case, but until it had had time to consider the full findings it would not be appropriate to comment further.

The NUT's general secretary, Doug McAvoy, said: "This is a most significant ruling and restores responsibility where it belongs.

"Teachers endure excessive workload and are subject to continuous monitoring. Teaching is a most stressful profession. Teachers need and deserve all the support necessary to protect their health."

Last week the Teacher Support Network revealed that a large number of those calling its helpline were complaining of stress and depression.