Workplace Stress

WORKPLACE STRESS LAW &  CLAIMS  – EMPLOYMENT CLAIMS LAWYERS CAMDEN

  • There are certain common law and statute law duties which are relevant to this area.
  • The Health and Safety at Work Act provides that the health, safety and welfare of employees must be ensured. Every employee should know the Management Standards on work-related stress.

Potential claims for work related stress include:

  • personal injury claim- as  employers owe a duty of care to employees
  • contractual claim:  the implied term of every contract is that the employer must provide a safe system of work. Failure to do so may be considered as a breach of contract
  • unfair/constructive dismissal claim:  failure to provide safe system at work may lead an individual to resigning and a  claim for unfair constructive dismissal

Guidelines

  • In order to be successful, it is important to prove that the injury was reasonably foreseeable by the employer.  This will be decided upon what the employer’s knowledge about the employee.
  • It is assumed that the employee can cope with normal work pressure, unless the employer is aware of a problem.
  • The employer should take action when he sees the need to do so and when the harm is obvious enough.
  • Failure to take action will lead to breach of employer’s duty of care.

HSE Management Standards

The definition of stress under the Health and Safety Executive’s Management Standards is ‘the process that arises where work demands of various types and combinations exceed the person’s capacity and capability to cope’. The HSE Management Standards provides 6 conditions which show what standard of health and an overall wellbeing in the workplace should be.

FAQs about:
Workplace Stress

WORKPLACE STRESS

There are certain common law and statute law duties which are relevant to this area.

The Health and Safety at Work Act provides that the health, safety and welfare of employees must be ensured. Every employee should know the Management Standards on work-related stress.

Potential claims for work related stress include:

  • personal injury claim- as  employers owe a duty of care to employees

  • contractual claim:  the implied term of every contract is that the employer must provide a safe system of work. Failure to do so may be considered as a breach of contract

  • unfair/constructive dismissal claim:  failure to provide safe system at work may lead an individual to resigning and a  claim for unfair constructive dismissal

Guidelines

In order to be successful, it is important to prove that the injury was reasonably foreseeable by the employer.  This will be decided upon what the employer’s knowledge about the employee.

It is assumed that the employee can cope with normal work pressure, unless the employer is aware of a problem.

The employer should take action when he sees the need to do so and when the harm is obvious enough.

Failure to take action will lead to breach of employer’s duty of care.

HSE Management Standards

The definition of stress under the Health and Safety Executive’s Management Standards is 'the process that arises where work demands of various types and combinations exceed the person’s capacity and capability to cope'. The HSE Management Standards provides 6 conditions which show what standard of health and an overall wellbeing in the workplace should be.

This link takes you to the main workplace stress page.

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