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Workplace Stress: THE LEGAL ESSENTIALS -
The summaries of cases on these pages illustrate developments in the Law of Workplace Stress 1999 to 2007.
Foreseeability: Working Conditions
Foreseeability: Reasonable Steps
Foreseeability: Evidence: Notice of Psychiatric Injury
Foreseeability: Contributory Negligence
Foreseeability: Excessive Workload
Foreseeability: Arrangements for Return to Work
Victim classification: Employee Witnessing Colleague’s Death
Victim classification: Post-
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-
Damages: Quantum: Bullying at Work
Post-
Damages: Quantum: Anxiety Resulting from Minor Physical Injury
Post-
Service Personnel: Safe System of Work
Employment Tribunal Procedure: Postponement of Hearing: Medical Evidence
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-
Post-
Stress:duty of Care Owed: Workload
Psychiatric Injury: Foreseeability: Duty of Care
Post-
Disability Discrimination Update
April 2008
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Case Examples -
Sex Discrimination Disability Discrimination Workplace Stress Harassment & Bullying Employment Tribunals
Publications -
Damage: Meaning
Black v The Braer Corporation (1999) SLT 3, Scottish Outer House
B, a farmer, claimed compensation for physical and psychological injury allegedly caused by oil pollution following the grounding of the Braer, an oil tanker. His claim was brought under the Merchant Shipping (Oil Pollution) Act 1971, section 1, which states in summary that where as a result of any occurrence oil is discharged or escape from a ship, the owner of the ship shall be liable for any damage caused by resulting contamination, for the cost of any measures reasonably taken to prevent or reduce such damage and for any damage caused by any measures so taken. “Pollution damage”, for these purposes, means damage caused outside the ship by contamination resulting from the escape or discharge of oil therefrom, including the cost of preventive measures and further damage caused thereby.
On behalf of the defendants, it was argued that the statute did not extend to psychological damage such as stress, anxiety and depression. The statutory provisions were not designed to cover indirect or consequential losses.
The Scottish court rejected these arguments and ruled that the matter could proceed. Psychological conditions such as stress, anxiety and depression might amount to “damage” within the Act.