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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 -
Post-
Unwin v West Sussex County Council (2001) High Court, July 13 (HSB April 2002,307)
Ms U, a schoolteacher employed by W, resigned, claiming that she had suffered post-
Her complaints included the following:
• Obstacles put in her way for promotion by management.
• Lack of desk and storage space.
The High Court Judge awarded her £2,500 compensation and made the following points:
• U was an excellent and dedicated teacher who did not get on with her superiors.
• She was wrong to conclude that there was a conspiracy against her.
• The medical evidence was that U probably did not have PTSD, but was suffering from depression. The trigger for this was probably a series of bereavements. Her employer’s unsympathetic and unsupportive attitude increased the risk of her becoming depressed. The depressive reaction to the bereavements was made more persistent.
• Once U had alerted her employer to her stress condition, the employer should have notified senior management and monitored the situation to ensure that any work stress was not aggravated.
• A referral to the occupational health unit would probably not have prevented medical treatment, so no financial loss resulted from the negligent failure to make the referral. But a referral would probably have prevented some aggravation of her depression.
• The award of £2,500 related to the six to nine months during which her condition was aggravated by being disciplined while ill and teaching under stress.