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30 October 2009 / Heather Platt
Issue: 7391 / Categories: Features , Employment
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Stress alert!

Heather Platt provides an update on stress related case law

Stress has been described by the Court of Appeal as “an excess of demands upon an individual in excess of their ability to cope” (see Hatton v Sutherland and other appeals [2002] EWCA Civ 76, [2002] All ER (D) 53 (Feb)).

Stress is not a psychiatric injury: however it can lead to feelings of anxiety and depression or exacerbate other conditions such as dyslexia or epilepsy. Employers should be aware that employees may become disabled for the purposes of Disability Discrimination Act 1995, s 1.

The Court of Appeal felt that there are no occupations which should be regarded as intrinsically dangerous to mental health. Further, an employer is entitled to assume that an employee is able to withstand the ordinary pressures of the job and is generally entitled to take what he is told by his employee at face value, unless there is a good reason to think to the contrary.

Case law

The starting point is LJ Hale’s now well known guidelines in Hatton (approved by the House of Lords in Barber

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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