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#1 Posted : 27 April 2009 11:43:00(UTC)
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Posted By Edwin Underwood Could I please have some guidance on this matter: Employee subject to stress in the workplace which then leads to a diagnosis of clinical depression. Is this dealt with as an occupational illness alone or can it also be viewed as a 'workplace injury'. A bit of background: Employee was being persistently 'forced' to work outside of their remit by line manager. Also a very noisy workplace. Employee raised issue with HOD but after 3 months no 'appropriate' action taken. Employee consults GP regarding 'emotional breakdown' and is diagnosed with depression - most probably as a result of workplace issues. Employee was recruited seven months ago. Expert opinions and any legal directives would be most appreciated. Regards, Ed.
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#2 Posted : 27 April 2009 12:13:00(UTC)
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Posted By Raymond Rapp Edwin A very difficult subject and each case has its own unique issues. I'm not an 'expert' but I can shed some light on a few matters. Stress related problems can be caused by work issues and/or personal problems. It is generally very difficult to untangle the two as they are not necessarily mutually exclusive. The company are obliged to ensure the health of its employees which also includes mental health. However, case law can be a bit grey in this area. The employer needs to be aware that a person is suffering from stress related issues, otherwise there is little onus on the employer. Once it has been brought to the attention (eg via a Doctor) of the employer they should take appropriate action to reduce the level of stress. The seminal case for work-related stress was Walker v Northumberland County Council [1995], since then there have been a number of rulings and the latest and most complicated was Hatton v Sutherland [2002] 2 All ER 1 (CA), a conjoined Court of Appeal hearing of four individual cases. the Hatton case provided a detailed list of guidance for circuit judges and well worth reviewing. Finally, the notion that companies can provide tertiary controls such as counselling and avoid any civil liability is now doubtful - see Daw v Intel Corporation (UK) Limited. Hope this may be of some use. Ray
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