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Workplace Stress: THE LEGAL ESSENTIALS - Case Law update April 2008

 

The summaries of cases on these pages illustrate developments in the Law of Workplace Stress 1999 to 2007.

 

Workplace Stress

 

Foreseeability: Working Conditions

 

Foreseeability: Reasonable Steps

 

Foreseeability: Evidence: Notice of Psychiatric Injury

 

Foreseeability: Contract

 

Foreseeability: Contributory Negligence

 

Foreseeability: Depression

 

Foreseeability: Excessive Workload

 

Foreseeability: Work Overload

 

Foreseeability: Leading Case

 

Foreseeability: Arrangements for Return to Work

 

Victim classification: Employee Witnessing Colleague’s Death

 

Victim classification: Post-Traumatic Stress Disorder

 

Constructive dismissal: Implied Term to take Reasonable Care for Health and Safety of Employees

 

Constructive Dismissal: Medical Evidence

 

Unfair Dismissal: Cause of Illness

 

Unfair Dismissal: Employment Tribunal: Compensation for Personal Injury

 

Unfair dismissal: Common Law Remedy

 

Disability Discrimination: Anxiety Disorder: Medical Evidence

 

Disability Discrimination: Disability: Medical Diagnosis

 

Disability Discrimination: Disability: Evidence of Mental Impairment

 

Damages: Causation: Exacerbation of Pre-existing Condition

 

Damages: Quantum: Bullying at Work

 

Post-traumatic Stress Disorder: Medical Evidence

 

Damages: Quantum: Anxiety Resulting from Minor Physical Injury

 

Damage: Meaning

 

Post-traumatic Stress Disorder: Victim of Armed Robbery

 

Service Personnel: Safe System of Work

 

Employment Tribunal Procedure: Postponement of Hearing: Medical Evidence

 

Criminal liability

 

Foreseeability: Race Discrimination

 

Breach of Contract: Unfair Dismissal

 

Knowledge of Employer: Special Educational Needs School Teacher

 

Foreseeability: Stress Reduction Policy

 

Vicarious Liability: Breach of Statutory Duty: Harassment

 

Psychiatric Injury: Harassment: Foreseeability

 

Stress: Duty of Care Owed: Foreseeability

 

Stress: Duty of Care Owed: Workload

 

Stress: Foreseeability: Vicarious Liability

 

Psychiatric Injury: Foreseeability: Duty of Care

 

Post-traumatic Shock: Definition

 

Post-traumatic Shock: Suicide: Causation

 

Stress:duty of Care Owed: Workload

 

Psychiatric Injury: Foreseeability: Duty of Care

 

Post-traumatic Shock: Definition

 

Duty of Care Owed: Knowledge of Employer

 

 

Workplace Stress:

The Legal Essentials

April 2008

Health & Safety

Case Law update

April 2008

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Constructive Dismissal: Medical Evidence

 

Harrison v Tex Industrial Plastics Ltd (2001) Derby County Court, April 3

 

H was employed by T as a storeman.  Two years after resigning from his post, he  brought proceedings against T, claiming compensation for a stress-related disorder.  H alleged that T had undermined his position because T had disapproved of the time off which H had taken to help his wife following childbirth.  H brought medical evidence that his stress-related disorder was related to his work.  His medical records showed that H had other personal problems which could have increased the stress which he suffered.

 

T applied for summary judgment against H, arguing that his claim had no reasonable prospect of success.  On behalf of T it was argued that H faced difficulties in proving foreseeability and causation, and that H had reached a settlement agreement with T in respect of a constructive dismissal claim which arose from the same contract of employment.

 

T’s application succeeded.  Summary judgment was granted.

 

On the balance of probabilities, it was not clear that employment difficulties had caused H’s mental problems.  There was insufficient medical evidence that mental illness had been a reasonably foreseeable result of T’s behaviour.

 

H had compromised his claim in the county court because the settlement of the constructive dismissal proceedings stated that all claims “arising out of the contract of employment or its termination” were fully and finally settled.  H’s county court claim arose from the contract of employment or its termination.