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05 March 2009 / Rob Mccreath
Issue: 7359 / Categories: Opinion , Public , Employment , Commercial
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You may have to be mad to work here

Rob McCreath on the fallout from a high–octane workplace

The workplace is for robust, healthy people, yes? Ill people, especially mentally ill people, should be cared for elsewhere, somewhere out of sight. They should certainly not be recruited and if they slip through the nets craftily set up by the HR department, or if they become ill during employment, they should be discreetly managed out. This is essentially the approach taken by most UK employers. Many would say, in a tough world, it makes good business sense.

But consider this: on average, employers should expect to find that at any one time nearly one in six of their workforce is affected by a mental health condition, such as depression or anxiety. The proportion rises to over one in five if alcohol and drug dependence are also included.

Legal risks

Undoubtedly there are legal risks for employers arising from mental illness in the workplace. Personal injury claims arising where stressful working conditions foreseeably cause psychiatric injury routinely yield compensation payments of six figures or more. Many jobs, particularly

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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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