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 to such claims. First and foremost it was reiterated that
