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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 -
Victim classification: Employee Witnessing Colleague’s Death
Salter v UB Frozen & Chilled Foods Ltd 2003 SLT 1011, Scottish Outer House
S was employed by U as a forklift truck operator. In 1990 he was driving a truck at U’s factory for stocktaking. A colleague (X) was being carried in the truck. The truck was involved in an accident and X was killed. S blamed himself for the accident and suffered severe shock. In 1996 he suffered a nervous breakdown and was unable to return to work. He started proceedings to recover compensation from his employers in January 1997. The following points were made in behalf of S:
1. U knew or should have known that there was a risk of serious or fatal injuries to stocktakers. S would be a witness to such incidents and there was a risk that he would blame himself and suffer mental injury and shock.
2. S was not aware that his injuries were sufficiently serious to start proceedings
until after his nervous breakdown, and therefore the proceedings were not time-
On behalf of U, the following points were made:
1. In a nervous shock case caused by witnessing the death of a colleague, compensation would only be recoverable if the claimant was at risk of physical injury or reasonably believed that he was so at risk.
2. The fact that S had been involved in the operation which caused the death or believed himself to be responsible, did not assist him.
3. The action was time-
Decision:
1. The Scottish court decided that S was a primary victim because he was actively involved in the accident which caused X’s death and he believed that he had been the involuntary cause of the death.
2. S had to establish that psychiatric injury was foreseeable in the circumstances.
3. It was at least arguable that, in the circumstances, psychiatric injury was reasonably foreseeable.
4. S had produced sufficient evidence that it had not been reasonably practicable for him to have become aware until some point in 1996 that his injuries were sufficiently serious to justify his bringing an action for damages.
5. The matter should be allowed to proceed.