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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 -
Foreseeability: Depression
Witham v Hastings and Rother NHS Trust (2002) B.M.L.R. 20, High Court
W was employed by H as a state registered nurse. Before the birth of her fourth child in July 1995, she was in charge of a 15 bed ward. After the birth, W was diagnosed as suffering from post natal depression and was absent from work until March 1996. She was told that her return to work would be gradual and supported. In fact, she was left in charge of a 50 bed ward with no management support. The result of this was that she had to work far in excess of her contractual hours. She suffered depression and was off work for another two months. When she returned, pressure again increased and in July 1997 she suffered a total breakdown. She did not return to work and was dismissed in May 1998. She claimed compensation from H. On behalf of H, it was argued that W’s condition had not been caused by workplace conditions, and if it had been, the condition was not foreseeable and there had been no breach of a duty of care.
The court decided that the claim succeeded. H’s negligence had caused W’s breakdowns.
On both occasions, when W returned to work, there was a substantial and foreseeable risk that she would suffer psychiatric injury because of her work. That risk had been both substantial and foreseeable in that further breakdowns were likely unless H took reasonable care to protect W from stress. It had failed to do so.
Comment:
This decision may be seen as an application of the principle stated by the Court
of Appeal in Sutherland v Hatton and Others, that employers should not have to pay
compensation for stress-