The Legal Aspect of Stress
Many people ask about what the legal aspect is as regards stress management. It's still a new area really and as I'm not a lawyer I can't offer legal advise. However I do have some links to articles that you might find interesting if you are having to deal with stress related legal issues.
It's a long list so be prepared to do some browsing. Most of these come from a newsletter sent out by www.linexlegal.com
The liability of employers to employees for illness arising from work related stress has been considered by the courts on numerous occasions. Here we consider the implications of the well known decision in Walker v Northumberland County Council in 1994.
The court in Hiles v. South Glos. NHS PCT was persuaded that the Claimant's actions and complaints were sufficient to put the Defendant on notice that her work was harming her health.
When considering whether a dismissal on the grounds of an employee's ill-health is "fair", a Tribunal must decide if the employer's decision to dismiss was reasonable in the relevant circumstances.
There have been conflicting decisions dealing with whether an employer can fairly dismiss an employee who is absent from work with a stress-related illness for which the employer is wholly or partly responsible.
Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one's interest and should not be tolerated in the workplace. This leaflet is designed to offer practical advice to employers to help them prevent bullying and harassment and to deal with any cases that occur. It includes guidelines for the development of policies and procedures. [Right Click and save full pdf doc here]
Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one's interest and should not be tolerated in the workplace, but if you are being bullied or harassed it can be difficult to know what to do about it. [Right Click and save full pdf doc here]
Sarah Michael looks at two recent High Court cases, Green v DB Group Services Limited and D v Intel Corporation UK Limited, which have continued the trend of the courts upholding personal injury claims, and claims under the Protection from Harassment legislation, triggered by psychiatric illness resulting from bullying, harassment and work-related stress.
Claims by employees arising from stress at work continue to work their way through the courts. The latest claim to be reported is Garrod –v- North Devon NHS Primary Care Trust.
The Employment Appeal Tribunal has recently decided a case which will impact upon the compensation payable to an unfairly dismissed employee with a pre-existing illness.