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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 -
Disability Discrimination: Disability: Evidence of Mental Impairment
Langlands v Xerox Ltd (2002) EOR 106:30, Bury St Edmunds ET
L complained of disability discrimination and claimed that she was suffering from a mental impairment in the form of clinical depression.
Her evidence of this was a report prepared by a counsellor and physiotherapist attached to her GP’s practice to whom L had been referred when suffering from stress at work. This report contained the conclusion that L was suffering from clinical depression. The report did not state the diagnostic criteria, their application or the identity of the type of depression.
The employers obtained, after consultation with L, a report from a doctor who was the company medical adviser. This contained the opinion that, although there was evidence of a degree of emotional disturbance in relation to conditions in the workplace, this did not appear to fulfil the diagnostic criteria for major depressive illness. The report also noted discrepancies between the records of the counsellor and L’s GP, who had recorded no symptoms of serious depressive illness despite having been consulted by L on a number of occasions.
L had not seen a psychiatrist for a formal assessment. The tribunal dismissed her
complaint and stated that it was for her to prove that she was disabled. Without
a medical opinion supporting her claim it was difficult, but not impossible, to establish
a clinically well-