Occupational Stress

What do you mean by occupational stress?

Of course, most work is stressful from time to time. But for some people, suffering stress at work can lead to a psychiatric illness. It is very difficult to prove an employer is legally liable for any such stress.

How can my employer be responsible for my stress?

Your employer has a duty of care to look after your health and safety, both physical and mental, and if he fails to fulfil it he may be responsible for the effects of stress.

Can I get compensation for suffering stress at work?

You can, but you will have to meet the following criteria:

You must have suffered a recognised psychiatric illness.
You must be able to show that this illness is most likely to have been caused by stress at work and not by other factors, such as marriage problems, moving home or bereavement. A consultant psychiatrist will have to decide whether your work increased the risk of developing a mental illness.
You will need to prove your employer should have foreseen the risk of your developing a mental illness. This is normally very difficult and you will have to prove you made it obvious there was a likelihood you could suffer an illness from stress at work. For example, if you are laid back and don't burst into tears and shout "I need help", your employer could argue they couldn't foresee you were likely to suffer a mental illness.
You must also prove your illness was your employer's fault and could have been avoided. For example, if they doubled your workload without giving you extra support or resources.

What should I do if I am stressed at work?

You must make sure your employer knows you are suffering from stress or mental illness caused by your work. If you don't let them know, it will be almost impossible to make a successful claim for compensation later on.

There are time limits for bringing court proceedings, so you should get legal advice as soon as possible.

What can I expect from my employer if I have told them I am stressed at work?

They should listen sympathetically and try and deal with the problem, particularly if you have had any sick leave due to stress or mental illness. They have a duty to consider whether they can improve your working situation, such as by hiring additional temporary staff. They should also keep in touch with you to ensure they know how your condition is developing.

Are there any examples of someone proving their stress was caused by their employer?

Your employer has a duty of care to look after your health and safety, both physical and mental, and if he fails to fulfil it he may be responsible for the effects of stress.

There aren't many because this is an uncertain area of the law. However, in one case a teacher, Mr Barber, won his claim for occupational stress. His job had been restructured and he started to suffer from 'work overload' and couldn't cope. He went to his GP and had three weeks off work with stress. He also told a number of people on the school management team about his condition.

The school was therefore aware of the risk of harm to Mr Barber, but didn't investigate or act and so failed in its duty of care. However, even in this case, one judge disagreed, which emphasises how difficult these cases are.

What happens if my stress is caused by harassment?

Harassment includes behaviour that is oppressive and unacceptable, genuinely offensive and deliberately causes distress. You can make a claim for compensation for stress caused by harassment and in this case you don't have to prove your employer should have foreseen the risk to your health.

If you make a claim for harassment, you will have to show that it:

Happened at least twice
Was targeted at you
Was deliberately meant to upset you
Was oppressive and unreasonable.

How do I make a claim for occupational stress?

As this is a very uncertain area of the law, you must get specialist advice if you think this applies to you. If you would like more information, you can speak to experts at Russell Jones & Walker solicitors. Our contact details are on our website, yourlegalrights.co.uk, or you can ring our freephone number 0800 916 9065.

This fact sheet will give you some basic information about stress in the workplace. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk.