Rank: Forum user
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How long a period can the words 'work-related' be attached to stress for a time off work? While accepting there may be additional issues due to the stress which can be longer-term, any views on how an individual can be off work for two years with still classed 'work-related stress' which is surely not possible if the individual has not been at work? I have a view, but interested in hearing others experiences and opinions.
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Rank: Super forum user
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Kevin, some examples below. An issue is that action or inaction by an employer can exacerbate pre-existing conditions which may be pyschiatric in nature, or may cause such symptoms to appear where in other less stressful or better managed situations, may never have surfaced. It is the effects of the long term stress which is the issue, not the stress itself. That may have been removed by the person not being at work, but the effects can result in someone never being able to work again. Just as being sensitised by some substances means that you can never work with them again, for a physical analogy, although I am not making a direct comparison(obviously).
http://www.cipd.co.uk/NR...Stress_and_Law_guide.pdf
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Rank: Super forum user
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Kevin, you're all heart - NOT!
If work or some work-related event was the cause of stress, and if the symptoms persist, then that is STILL work-related stress, just as much as a work-related broken leg following an industrial accident is still a work-related broken leg long after the individual stopped work and settles into a long recuperative period at home.
I deal with several individuals who have suffered occupational sharps injury. Though no infection has resulted, in 2 individuals post-traumatic anxiety - of what might have happened, exacerbated by the need for post-exposure prophylaxis and a difficult 6-month follow-up period - resulted in debilitating psychological symptoms that rendered them unfit for work. In each case, this affected the entire family group, necessitating several years of professional support for the individuals and their wives.
If you ever have the misfortune to be affected by severe stress you might just begin to understand.
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Rank: Forum user
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As I said I have an opinion but not stated one!...just as a discussion point if someone broke a leg and remained off work for two years is that acceptable when a broken leg recovery may be 6-12 weeks dependant on the person and their bone structure etc. It's like saying if someone has an accident at work they could have unlimited time off for events which may or may not be outside the control of the business,which is my concern. As I started with, a discussion point and just trying to gain a view!
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Rank: Forum user
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Also thanks Martin for the attachment, appreciate it.
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Rank: Forum user
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Hi Kevin
I have experienced the effects of stress personally, unfortunately, and it was work related. It ended up with the doctor signing me off for a total of 4 weeks but I did return to work after this. I dealt with it and still work, again very unfortunately, for the same company a year later. Nothing has changed to make the situation any better, so I can understand why this individual may not feel like returning. The question I would ask is what caused the stress in the first place and what precautions have been put in place to ensure that it doesn’t happen again. The person needs to be confident they can return to work and not be subjected to that type of stress again in my opinion (or you can be like me, grin and bear it and hope you get that new job soon!;-))
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Rank: Super forum user
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Two years does seem an exceptionally long period to be off work with stress but without knowing the full facts it is difficult comment. In my experience most employers do not handle such cases very well and the 'work-related stress' my actually be a euphemism for some other work-related problem ie bullying, disciplinary, sexual, racial etc.
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Rank: Forum user
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Having suffered work related stress and had many weeks off work, I would not consider two years a long period of time to be affected. I am not sure that being away from work all that time is necessarily a good thing either; good colleagues and friends is far better than being isolated.
As RayRapp posted there can often be other issues such as bullying and lack of managerial support that have/ or are ongoing.
The individual may have other health issues that will almost certainly be affected by stress or may well be on medication.
Search on google for "beta-blockers + problems" or any of the other medication people take and see what people have to put up with and you can see why its a long term and very expensive problem.
Add this with the possibility of the home life being affected and you can see the picture becomes very complicated.
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Rank: Guest
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Kevin
You appear to be confounding a good question, 'any views on how an individual can be off work for two years with still classed 'work-related stress', with an opinion that begs the question.
Unless you get at least one assessment from a chartered psychologist or a pscyhiatrist competent to assess 'work-related' injuires (and relatively few psychiatrists specialise in occupationlal injuries), there's little basis for making a judgment about the work-related safety/health boundaries 'in so far as reasonably practicable' for a particular individual. As Ian Blenkhorn indicates, the tendency of 'helping' professionials is to incline towards support and leniency for an afflicted employee (or customer); paradoxically, should they not support the individual, their INDEPENDEND opinion can be all the more significant.
Technically, the longer the lapse of time between the source of personal injury and any assessment, the more difficult it becomes to gather reliable, valid data unless they have been documented or filmed at or near the time of an incident.
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Rank: Super forum user
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An illness, initially resulting from work/ work activity, and the symptoms progress/ persist. No different then from HAVs, Noise-induced hearing loss, and many more emotive physical conditions.
The broken leg scenario is not exact, but the correlation between a simple fracture and a serious compound fracture is perhaps relevant. Yes, I could return in a couple of months. Or I might never be able to work again.
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Rank: Super forum user
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I think the physical injury analogies aren't representative. Try this; if you are scared of spiders now you will still be scared of them in two years time - even if you don't see one. Something needs to be changed or treated. Simplistic maybe but works for me. See Daws vs Intel, Walker v. Northumberland County Council and Sutherland v. Hatton.
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Rank: Forum user
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Has the company made any contact with the employee to try to establish what the employee thinks is the cause of the stress?
In my experience, an informal meeting with a HR person (or similiar) in a quiet coffee shop away from the work place can allow the employee to open up and maybe discuss their concerns.
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Rank: Super forum user
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I assume that the individual's absence is confirmed by a series of sick notes signed by a suitably qualified medical practitioner.
You are free to challenge that diagnosis, and that professional judgement regarding the need for formal absence from work. However, your own skills are totally inappropriate to do that, and even if you seek support from the relevant practitioners you face a massive uphill struggle and costly court case that will end mired in questions of professional competence, diagnostics, prognosis etc. Don't go there.
You are not free to challenge the individual, except in the most formal and carefully managed terms, since that can come dangerously close to bullying, constructive dismissal etc
You might take the employment view that you can no longer keep the individual on the books. That is a different matter, largely founded in how much you are going to pay to get rid!
You may take a rather negative view on stress-related illness. The cost may be considerable, but to persist in that negative view on stress-related illness is likely to increase quite dramatically the costs that you will face. Tread carefully, and remember that someone is ill. Don't make it worse
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