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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 -
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Publications -
Stress: Foreseeability: Stress Reduction Policy
Fletcher v Argyll and Bute Council 2007 SLT November 11, 2007, Scottish Outer House
F was a teacher employed by A. She claimed compensation for psychiatric injury suffered in the course of her employment by indisciplined pupils. On behalf of F, it was argued that A knew about her anxious and emotional condition and knew or should have known that the pressures of her work were causing occupational stress which was liable to develop into psychiatric illness if the employer took no action to alleviate the causes of stress.
It was also argued that it was A’s duty to reduce the risk of harm to health arising from the stress to which she was subjected and that A had not followed its own stress reduction policy. If A had followed the policy, this would have had a beneficial effect on her mental health and would have avoided the illness from which she suffered.
On behalf of A, it was argued that F had not established that the risk of psychiatric injury was reasonably foreseeable and that she had failed to make out any relevant duties of care.
Decision:
1. The cumulative effect of F’s allegations that the behaviour of pupils was affecting her emotional stability, that for nine months senior members of staff were aware that indiscipline was not improving and that she and her husband had informed the head teacher about her state of health, went further then merely suggesting that she was suffering from stress.
2. F had set out what steps A should have taken to prevent her illness.
3. The matter could proceed.