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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

Disability Discrimination Update

April 2008

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Damages: Quantum: Anxiety Resulting from Minor Physical Injury

 

Meek v Lewis (2001) Gloucester County Court, December 7 (CL July 2002, 466)

 

M was employed by L as a refuse collector.  He suffered a penetrative injury to his right thigh from an unseen hypodermic needle which was protruding from a household refuse bag.  The injury was minor, but M became anxious about the possibility of contracting Hepatitis B or AIDS.  He became depressed, irritable and short-tempered.  His alcohol consumption increased.  His relationship with his girlfriend broke down temporarily.  Nine to ten months after the accident, following a number of blood tests, he was informed that he had not contracted any disease.  His anxiety then settled.

 

M was awarded £2,625 general damages.