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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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Foreseeability: Reasonable Steps

 

Foumeny v University of Leeds [2003] EWCA Civ 557, Court of Appeal

 

F was appointed head of the chemical engineering department at the University of Leeds in 1996.  The University was undergoing internal reorganisation, to which F was opposed, at that time.  His department was about to lose its autonomous status.  F became involved in a number of acrimonious disputes with senior management.  He believed that it was intended to isolate him in his opposition to the reorganisation.  F resigned as head of department in January 1997 and left the University in July 1997 on the ground that he was unfit for work because of a stress-related psychiatric injury.  F claimed that this had resulted from deliberate oppression by the University’s management.

 

F’s claim for compensation for stress-related injury was rejected.  The court ruled that the University had not breached its duty of care to F, because his symptoms were not apparent until May 1997, by which time it was too late to address the stress-inducing issues.  Therefore, the University could not have foreseen that F would go on to develop the psychiatric injury.  F sought permission to appeal.

 

The Court of Appeal refused the application for leave to appeal on the following grounds:

 

•  The evidence did not support F’s contention that he was the victim of organised and deliberate harassment.

•  Having determined that the risk of injury was not foreseeable until May 1997, the court had been entitled to find that the University had not failed to take reasonable steps to address the situation.