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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 -
Damages: Causation: Exacerbation of Pre-
Simmons v British Steel plc 2003 SLT 62, Scottish Second Division
S was employed by B as a burner in a steelworks. He fell from a table in the workplace,
sustaining a severe blow to his head. As a result of this, his ear suppurated and
he suffered blurred vision and headaches for several weeks. S also claimed that
the accident had exacerbated a pre-
At first instance, the Scottish court ruled that B had been at fault but that, in relation to causation, S’s conditions were probably caused by anger at B’s treatment of him after the accident. Compensation was limited to the immediate physical consequences of the accident. S appealed.
Decision:
1. The appeal should be allowed.
2. The real issue related to the conclusions to be drawn from evidence which was either undisputed or plainly established.
3. The reasons given by the court below were unsatisfactory, because it had not clearly explained why S had been unable to prove that his condition was caused by the accident.
4. The evidence, looked at as a whole, presented a coherent picture of a causal link between the accident and S’s condition in both psychiatric and dermatological aspects.
5. B had to take S as it found him, despite the fact that a more psychologically robust individual might have recovered for the accident despite displaying a dermatological or a psychiatric condition.
Comment:
This decision illustrates the importance of causation in relation to claims for compensation
for injuries caused in the workplace. Claimants who allege negligence on the part
of their employers must establish the existence of a duty of care, breach of that
duty, resulting damage and that the damage was in fact caused by the breach of duty.
In many cases, this will be self-