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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 -
Knowledge of Employer: Special Educational Needs School Teacher
Salisbury v Kirklees Metropolitan Borough Council (2001) Huddersfield County Court, June 21
S, a former special educational needs schoolteacher employed by K, claimed compensation of £150,000 for psychiatric illness allegedly caused by workplace stress.
It was argued on behalf of S that her employers should have been on notice that she was not a person of ordinary fortitude. She had been the victim of several injuries and assaults by children. S had also been chastised by her headteacher following a formal complaint by a colleague.
Following another dispute which resulted in a meeting with the headteacher, S complained
that the headteacher was insensitive to her because he should have been aware that
she was not of ordinary fortitude. S developed a psychiatric illness and was retired
on ill-
Decision:
1. The claim failed.
2. Stress and personality conflicts were part of most employments and could not be avoided.
3. Although S had given evidence about her own feelings about her work, there was no evidence that the employer had been put on notice of the risk that she might suffer psychiatric injury.
4. There had been no breach of duty on the part of the employer.