Stressed at work? Read on!
Last week in a Queen’s Bench Division case the Court emphasised the important criteria to consider in work related stress cases.
Whilst the main issue was that Claimant was unable to establish a causal link between the alleged amount of work, stress and her medical condition (which included Chronic Fatigue Syndrome CFS), the court took the opportunity to emphasise the hurdles to establishing liability, when dismissing the claim.
- It was insufficient for a Claimant to show that his employer knew or ought to have known that he had too much work to do, or even to show that he was vulnerable to stress as a result of overwork.
- To succeed, a Claimant had to show that his employer knew or ought to have known that, as a result of stress at work, there was a risk that he would suffer harm in terms of a psychiatric or other medical condition.
- Even then it was insufficient merely to show that there was a known risk of some psychiatric or other injury in the future.
- The Claimant had to show that the employer knew or ought to have known that, as a result of stress at work, there was a risk that he would suffer harm of the kind he in fact suffered.
- Although most employees would have difficulties with the amount or nature of their work from time-to-time, very few were at risk of psychiatric illness as a result. An employer was entitled to assume that an employee could withstand the normal pressures of the job unless the job was such that employees were known to be at particular risk of injury.
This is a timely reminder for all personal injury lawyers, be they Claimant or Defendant, and all employment lawyers.
For more information or advice on work related stress, please contact us today.
The case citation of the judgment in MacLennan v Hartford Europe Ltd is [2012] EWHC 346 (QB).
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