header-logo header-logo

Stressed out

25 March 2010 / Michael Salter , Chris Bryden
Issue: 7410 / Categories: Features , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll