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Stressed out

25 March 2010 / Michael Salter , Chris Bryden
Issue: 7410 / Categories: Features , Employment
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Michael Salter & Chris Bryden provide an update on workplace stress

Workplace stress is an all-too-common occurrence, which can have a significant effect on both physical and mental health. Defined by the Health and Safety Executive as “the adverse reaction people have to excessive pressures or other types of demand placed on them”, it is also a fertile source of litigation.

Workplace stress claims do not fall neatly into any particular discipline within the law. Certainly such claims can, and commonly do, give rise to capability dismissals, but in the employment field are more likely to be brought either as constructive unfair dismissals or disability discrimination claims.

Duty of care

Outside of the employment field, a claim for stress-related illness usually is brought in negligence, based upon the duty of care owed by employers to take reasonable steps to protect their employees.

Since 2002 the position relating to workplace stress has been relatively well established. In Sutherland v Hatton [2002] ICR 613 (CA) the Court of Appeal established a number of factors applicable

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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