BRAIN FOOD: Workplace rights - Alternative claims for stress

BRAIN FOOD: Workplace rights - Alternative claims for stress - The Court of Appeal has set out guidance on employees' claims of stress-induced psychiatric illness. It emphasises that the onus is on employees to alert management if stress-related problems

by MICHAEL BURD and JAMES DAVIES, Lewis Silkin solicitors
Last Updated: 09 Oct 2013

The Court of Appeal has set out guidance on employees' claims of stress-induced psychiatric illness. It emphasises that the onus is on employees to alert management if stress-related problems occur, otherwise employers can generally assume they are up to the demands of the job. It has always been difficult for claimants to show that their illness was both foreseeable and caused by workplace pressures rather than, say, domestic or financial woes. But the occupational stress issue will not simply go away. Employees with stress-related conditions can potentially bring alternative legal claims that may be cheaper to pursue and easier to prove than a personal injury action - such as constructive dismissal or disability discrimination.

To protect themselves from liability, employers should offer a confidential advice service with counselling and treatment where necessary.

- Michael Burd and James Davies, Lewis Silkin solicitors, e-mail: employment@lewissilkin.com.

Tags:
How To

Find this article useful?

Get more great articles like this in your inbox every lunchtime

The questions to ask when everything is unknown

Systemic intelligence is an indispensable skill for business leaders.

How to stop your culture going back to normal after COVID

In this video, Capita's Melanie Christopher and Greene King non-exec board director Lynne Weedall discuss...

This isn't just a health crisis, it's an equality crisis

Inspiring Women in Business winners: In the “new normal”, we must make sure that female...

How to build an anti-racist business

You don't need a long history of championing equality to make a difference.

What are Simon Roberts’ big 3 challenges at Sainsbury’s?

The grocer's new CEO has taken the reins at a critical time.

Should CEOs get political?

The protests that have erupted over George Floyd’s murder have prompted a corporate chorus of...