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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 -
Vicarious Liability: Breach of Statutory Duty: Harassment
Conn v Sutherland County Council [2007] All ER (D) 99, CA
Facts C, an employee of S, alleged that he had been bullied by his manager on five occasions and that this had caused him psychiatric injury. He also alleged that the conduct of his manager amounted to harassment for the purposes of the Protection from Harassment Act 1997and that S was vicariously liable.
The first occasion involved the manager allegedly demanding information from employees, including C, about employees who were leaving work early or he would punch out the window of a cabin and have them all up before the personnel department.
The second occasion involved alleged swearing and threats of violence against C.
At first instance, C’s claim in negligence failed on the basis that his psychiatric injury had not been caused by workplace conditions. The two occasions referred to above did amount to harassment for the purposes of the 1997 Act. S was vicariously liable for this harassment. S appealed to the Court of Appeal.
Decision:
1. The appeal was allowed.
2. For the purposes of the 1997 Act, the conduct in question, to amount to harassment, has to be oppressive and unacceptable.
3. The first incident had not been targeted at C but involved other employees who had not found such behaviour intimidating.
4. The manager’s conduct fell far short of the type of conduct criminalised by the 1997 Act.
5. Since a “course of conduct” was required by the 1997 Act, it was not necessary to deal with the second occasion.
6. It was dismaying that we had reached a stage where such boorish and ill-