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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: Medical Diagnosis
Morgan v Staffordshire University [2002] ICR 475, EAT
M was assaulted by a supervisor in her workplace. She complained of disability discrimination. The employment tribunal considered, as a preliminary issue, whether she was a disabled person for the purposes of the Disability Discrimination Act 1995.
The tribunal considered evidence from M and medical notes from her GP and the employers’
consultant in occupational medicine. It concluded that M was not suffering from
a clinically well-
In general, there would be three or four routes for establishing a mental impairment within the Act of 1995. These were:
• Proof of a mental illness specifically mentioned as such in the World Health Organisation’s International Classification of Diseases.
• Proof of a mental illness specifically mentioned as such in some other classification of very wide professional acceptance.
• Proof by other means of a mental illness recognised by a respected body of medical opinion.
• Proof of the existence of a state recognisable as a mental impairment, neither resulting from nor consisting of a mental illness, which could be accepted as a mental impairment within the Act.
This last category was likely to be rarely if ever invoked and would require substantial and very specific medical evidence to support its existence.
The occasional use of words such as “anxiety”, “stress” and “depression” in medical reports could not without further explanation amount to proof of a mental impairment for the purposes of the Act.
The notes made by M’s general practitioner, which spoke of her suffering from “clinical depression”, could not be read as intending to indicate the presence of a classified or classifiable mental illness.