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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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UnfairDismissal: Employment Tribunal: Compensation for Personal Injury.

 

Dunnachie and Others v Kingston upon Hull City Council and Others (2003) The Times, June 9, Employment Appeal Tribunal

 

Decision: There is no recovery for non-economic loss in claims of unfair dismissal in employment tribunals.

 

Note:

 

•  This was the first time that the effect of the decision of the House of Lords in Johnson v Unisys Ltd (2001) had been considered by the EAT.

•  Before the decision in Johnson, all claims and determinations in employment tribunals and in the EAT had related only to recovery, in unfair dismissal cases, of economic loss and not non-economic loss.

•  Since the decision in Johnson, there had been cases in which tribunals had awarded compensation for non-economic loss, including physical injury and psychiatric illness.

•  If non-economic loss were recoverable in the employment tribunal, then everyone would be entitled to compensation if he or she was at all distressed/humiliated/stressed by unfair dismissal or consequent unemployment.